IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130006756
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service in Kuwait/Iraq.
2. The applicant states the dates of his deployment are not shown on his DD Form 214. He contends that he served in Iraq for 1 year beginning in April 2003.
3. The applicant provides copies of:
* DD Form 214
* Certificate for award of the Army Commendation Medal (ARCOM)
* Certificate for award of the Army Achievement Medal (AAM)
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. On 8 March 2002, the applicant enlisted in the Regular Army (RA). He completed his initial training and was awarded military occupational specialty 21B (Combat Engineer).
3. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hazardous fire/imminent danger pay (HF/IDP) and combat zone tax exemption (CZTE) during the period 9 April 2003 through 23 March 2004 (11 months and 15 days) for service in Kuwait/Iraq.
4. On 7 March 2005, the applicant was released from active duty. His DD Form 214 shows in:
a. Item 12f (Foreign Service) 0 years, 0 months, and 0 days;
b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
* Army Lapel Button
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
c. Item 18 (Remarks) no entries for his deployment to Kuwait/Iraq.
5. The applicant provided two award certificates that show:
a. Permanent Orders Number 048-001, 588th Engineer Battalion, Ba'Qubah, Iraq, awarded him the AAM for the period 30 October to 5 November 2003; and
b. Permanent Orders Number 037-124, 588th Engineer Battalion, awarded him the ARCOM for meritorious service in support of Operation Iraqi Freedom (OIF) for the period 7 April 2003 to 1 April 2004.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Iraq Campaign Medal is awarded to members who have 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 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 include:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
b. The Overseas Service Ribbon is awarded for successful completion of overseas tours.
c. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that Item 18 will contain the following entry for RA Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. DFAS records indicate the applicant was deployed to Kuwait/Iraq from 9 April 2003 to 23 March 2004. Therefore, his DD Form 214, ending on 7 March 2005, should show in:
a. Item 12f 11 months and 15 days; and
b. Item 18 "SERVICE IN KUWAIT/IRAQ: 20030409-20040323."
2. The certificates provided by the applicant are sufficiently convincing to show the applicant served in Iraq for much if not all of the time indicated on the certificates. Therefore Item 13 of his DD Form 214, ending on 7 March 2005, should include the following awards:
* ARCOM
* AAM
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon
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 by adding in:
a. Item 12f 11 months and 15 days;
b. Item 13 the Army Commendation Medal, Army Achievement Medal, Iraq Campaign Medal with two bronze service stars, and Overseas Service Ribbon; and
c. Item 18 "SERVICE IN KUWAIT/IRAQ: 20030409-20040323."
_______ _ _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) AR20130006756
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ABCMR Record of Proceedings (cont) AR20130006756
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