IN THE CASE OF:	   

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130004459 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Iraq and Afghanistan.

2.  The applicant states that his DD Form 214 does not reflect any information related to his service in Iraq and Afghanistan. 

3.  The applicant provides a copy of his 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 enlisted in the Regular Army on 30 May 2001 under the Airborne enlistment option for a period of 4 years and training as a signal support systems specialist.  He completed his training and was assigned to Fort Bragg, North Carolina.

3.  He deployed to Afghanistan during the period 20030110 – 20030812             (7 months and 2 days) and to Iraq during the period 20040118 – 20040323        (2 months and 5 days).

4.  On 29 May 2005, he was honorably released from active duty (REFRAD) due to completion of required active service.  He had served 4 years of active service and his DD Form 214 issued at the time of his REFRAD reflects no foreign service or deployments. It also shows that he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Parachutist Badge.

5.  A review of his personnel record shows that he was awarded the Army Good Conduct Medal (1st Award) in Permanent Orders 196-54 issued by Headquarters, 82nd Signal Battalion, the Army Commendation Medal for the period 6 January – 30 June 2003 in Permanent Orders 133-39 issued by Headquarters, 1st Brigade, 82nd Airborne Division, and the Army Achievement Medal for the period 11 September – 1 November 2002 in Permanent Orders 319-01 issued by Headquarters, 82nd Signal Battalion.

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile file/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 10 January  2003 to 12 August 2003 for service in Afghanistan and from 18 January 2004 to 23 March 2004 for service in Iraq.

7.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi
Freedom (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 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 are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

9.  Army Regulation 635-5 (Personnel Separations - 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 the preparation of the DD Form 214.  It states for:

	a.  item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  item 18 (Remarks), 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.  Records show the applicant served in Afghanistan during the period 20030110 – 20030812 (7 months and 2 days) and Iraq during the period 20040118 – 20040323 (2 months and 5 days).  Therefore, his DD Form 214 should be corrected to show his 9 months and 7 days of foreign service and his deployments to both areas.

2.  The applicant served during qualifying periods for awards of the Afghanistan Campaign Medal with one bronze service star and the Iraq Campaign Medal with two bronze service stars.  Accordingly, they should be added to his DD Form 214 at this time.

3.  Additionally, the applicant was awarded the Army Good Conduct Medal (1st Award), Army Commendation Medal and Army Achievement Medal which should also be added to his DD Form 214 at this time.



BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 entry “0000  00  00” from item 12f
* adding the entry “0000  09  07” in item 12f 
* adding the awards of the Afghanistan Campaign Medal with one bronze service star, Iraq Campaign Medal with two bronze service stars, Army Good Conduct Medal (1st Award), Army Commendation Medal and Army Achievement Medal to his list of awards
* adding the entry “Service in Afghanistan 20030110 – 20030812 and Service in Iraq 20040118 – 20040323” to item 18 



      _______ _   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)                                         AR20130004459





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ABCMR Record of Proceedings (cont)                                         AR20130004459



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