IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20130004429
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 or Discharge from Active Duty) to reflect his deployment to Iraq.
2. The applicant states his tour of duty in Iraq is not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214, deployment orders, award of the Army Commendation Medal, and deployment report.
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. He enlisted in the Regular Army on 8 July 2003 for a period of 3 years. He completed training as a track vehicle mechanic and was transferred to Germany. He was advanced to pay grade E-4 on 1 June 2005.
3. The applicant deployed with his unit to Iraq in support of Operation Iraqi Freedom during the period 3 May 2005 to 2 May 2006 and participated in two campaigns.
4. On 31 August 2006, he was honorably released from active duty (REFRAD) due to completion of required service. He completed 3 years, 1 month, and 23 days of active service. His DD Form 214 shows he was awarded or authorized the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), and Combat Action Badge. His DD Form 214 does not reflect any deployment in item 18 (Remarks).
5. Army Regulation 600-8-22 (Military Awards) states 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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns applicable to the applicant are:
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
6. 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. It establishes standardized policy for preparation of the DD Form 214. It states for item 18 for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Iraq during the period 3 May 2005 to 2 May 2006. Therefore, his DD Form 214 should be corrected to show this period of service.
2. The applicant served in Iraq during a qualifying period for award of the Iraq Campaign Medal. He also participated in two campaigns. Therefore, his DD Form 214 should be corrected to show award of the Iraq Campaign Medal with two bronze service stars.
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:
a. adding award of the Iraq Campaign Medal with two bronze service stars to his DD Form 214 and
b. adding the entry "SERVICE IN IRAQ FROM 20050503-20060202" to item 18 of his DD Form 214.
_______ _ _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) AR20130004429
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ABCMR Record of Proceedings (cont) AR20130004429
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