BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130001117 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release of Discharge from Active Duty) to show his second deployment to Iraq and any associated awards.

2.  The applicant states his second deployment to Iraq is not reflected on his DD Form 214.

3.  The applicant provides copies of:

* deployment orders, dated 25 October 2005
* memorandum for Commander, Multi-National Corps-Iraq, dated 28 April 2006
* memorandum for record (MFR), dated 18 September 2006
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show he enlisted in the Regular Army on 2 May 2002 and he was discharged on 26 April 2007.  The DD Form 214 issued him at that time contains or includes the following entries in the items indicated:

* Item 8a (Last Duty Assignment and Major Command) – Company D, 1st Battalion, 12th Infantry Regiment
* Item 12f (Foreign Service) – "000 02 01"
* Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge-Mechanic

* Item 18 (Remarks) – "SERVICE IN IRAQ 20030320-20030520"

3.  The applicant provides an MFR from Company D, 1st Battalion, 12th Infantry Regiment, 4th Brigade Combat Team, dated 18 September 2006, showing his commander confirmed his service in Iraq in support of Operation Iraqi Freedom (OIF) for the period 12 December 2005 through 28 November 2006.

4.  A review of the applicant's Defense Finance and Accounting Service military pay record shows he received imminent danger pay/hostile fire pay for service in Kuwait from 11 December 2005 through 25 November 2006.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  The Iraq Campaign Medal (ICM) is awarded to members who served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During the applicant's service, credit was authorized for the following campaigns:
* 
Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

6.  Department of the Army General Orders Number 2009-32, dated 29 December 2009, announced the award of the Valorous Unit Award (VUA) for extraordinary heroism while engaged in military operations to 1st Battalion, 12th Infantry Regiment, 4th Infantry Division for the period 20 April 2003 to 
22 March 2004.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions state:

	a.  to enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 12f;

	b.  to enter the awards earned for all periods of service taken from the Enlisted Record Brief in item 13; and

	c.  for active duty Soldiers deployed with his or her unit, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to reflect his second deployment to Iraq.

2.  Item 12f of the applicant's DD Form 214 currently documents the 2 months and 1 day of service he performed in Iraq from 20 March to 20 May 2003 as shown in item 18.  His DFAS pay record confirms he served in Kuwait from 11 December 2005 to 25 November 2006 and his commander verifies this service was actually performed in Iraq from 12 December 2005 to 28 November 2006, thereby corroborating his claim.  His initial service in Iraq when combined with the 11 months and 17 days of service he completed during second deployment in support of OIF equals 1 year, 1 month, and 18 days of total foreign service.  As a result, items 12f and 18 of his DD Form 214 should be corrected to show his total foreign service.

3.  General orders show the applicant's unit was awarded the VUA for heroism during his initial deployment to Iraq.  This award is not currently shown on his DD Form 214 and should be added at this time.

4.  Finally, based on the applicant's second deployment in support of OIF, he is authorized the ICM with two bronze service stars.  Accordingly, this award should be added to his DD Form 214.

BOARD VOTE:

___X___  ___X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 26 April 2007 as follows:

* item 12f – deleting the current entry and replacing it with the entry "0001  01  18"
* item 13 – adding the ICM with two bronze service stars and VUA
* item 18 – adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20051212-20061128"



      __________X_______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20130001117



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ABCMR Record of Proceedings (cont)                                         AR20130001117



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