BOARD DATE:	10 October 2013  

		DOCKET NUMBER:  AR20130002763 


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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq.

2.  The applicant states item 12f of his DD Form 214 currently shows he has no foreign service.  It should at least state the time he served in Iraq.  He was deployed to Iraq on two separate occasions, from September 2003 to February 2004 and from August to September 2004.  Having the correct foreign service on his DD Form 214 to reflect his service in Iraq is important to him as a veteran and it is also important for any questions that might arise by any agency that requires proof of foreign service.

3.  The applicant provides his DD Form 214, Permanent Orders 392-2, and a memorandum for record.

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 records show he enlisted in the Regular Army (RA) on 21 October 1998 for a period of 4 years and he held military occupational specialty 98C (Signals Intelligence Analyst). 

3.  He reenlisted in the RA on 4 April 2002 for a period of 4 years.  He was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 January 2004.

4.  He was honorably released from active duty on 3 April 2006 in the rank of SSG.  He completed 7 years, 5 months, and 13 days of creditable active service.

5.  Item 12a (Date Entered Active Duty This Period) of his DD Form 214 contains the entry "2002  04  04."  Item 12f contains the entry "0000  0  00."

6.  Item 13 (Decorations, Medals, Badge, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the:

* Joint Service Commendation Medal
* Army Commendation Medal (3rd Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon

7.  Item 18 (Remarks) of his DD Form 214 does not contain an entry that shows he deployed to a foreign country.

8.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Iraq from:

* 18 October 2003 to 6 February 2004 (3 months and 19 days)
* 21 August to 17 December 2004 (3 months and 27 days)

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The Iraq Campaign Medal 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 his second period of service in Iraq, participation credit was awarded for the Iraqi Governance Campaign (29 June 2004-15 December 2005).

	b.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.

	a.  For item 12a (Date Entered Active Duty This Period), enter the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued.

	b.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	c.  For item 18:

		(1)  For an active duty Soldier deployed to a foreign country, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

		(2)  For enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Iraq for a total of 7 months and 16 days during two separate periods of service which is not shown on his DD Form 214.  Therefore, his is entitled to correction of his DD Form 214 to show this foreign service and the dates of this service.

2.  He qualified for award of the GWOTEM based on his service in Iraq from 18 October 2003 to 6 February 2004.  The evidence of record confirms he also served in Iraq and participated in one campaign during a qualifying period for award of the Iraq Campaign Medal with one bronze service star based on his service from 21 August to 17 December 2004.  Therefore, his DD Form 214 should be corrected to show this award.

3.  It appears that an error occurred during the preparation of his DD Form 214 when the date he reenlisted in the RA on 4 April 2002 was entered in item 12a instead of the date he initially entered active duty on 21 October 1998.  In addition, the dates of his reenlistment were omitted from item 18.  Therefore, it would be appropriate to correct his DD Form 214 accordingly.

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 as follows:

* deleting the current entry from item 12a and replacing it with the entry "1998  10  21"
* deleting the current entry from item 12f and replacing it with the entry "0000  07  16"
* adding the Iraq Campaign Medal with one bronze service star to item 13


* adding the following statements to item 18 –

* "SERVICE IN IRAQ FROM 20031018-20040206"
* "SERVICE IN IRAQ FROM 20040821-20041217"
* "IMMEDIATE REENLISTMENTS THIS PERIOD 20020404-20060403"



      ___________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)                                         AR20130002763



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ABCMR Record of Proceedings (cont)                                         AR20130002763



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