IN THE CASE OF:	   

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130007058


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 show his foreign service in Iraq in January 2005 and his award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

* he received his CIB in Baghdad upon his return from combat operations in Mosul, Iraq
* he voluntarily transferred from 1st Battalion, 325th Infantry Regiment (Airborne) to the 2nd Battalion, 325th Infantry Regiment (Airborne) so he could deploy to Iraq
* he was hurt after his second deployment
* his unit failed to acknowledge his CIB and deployment on his enlisted record brief (ERB)
* his unit deployed to Iraq in 2007 as part of the surge forces
* he remained behind with a bunch of incompetent noncommissioned officers and was treated with blatant disrespect – he was completely depressed and ready to leave the military
* his medical and mental condition worsened and when he was ready to execute a permanent change of station (PCS) move, he did so as soon as possible – he now believes that was a mistake
* if his CIB and 1st deployment are recorded on his DD Form 214, he will be able to prove to the Department of Veterans Affairs (VA) that he served in combat in Iraq
* according to the VA, he has no proof he served in combat in Iraq and they will not approve any of his claims until they have absolute proof he was awarded the CIB
* he has been waiting for this error to be resolved for 3 years – it has been very unsettling for him knowing that he was awarded the CIB and he served in combat in Mosul, Iraq, yet he has nothing to show for it

3.  The applicant provides no additional evidence in support of his request.

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 11 February 2004.  He completed initial entry training at Fort Benning, GA and was awarded military occupational specialty (MOS) 11B (Infantryman).  Upon his completion of initial entry training, he attended and completed the basic airborne course.  

3.  Upon his completion of the basic airborne course, he was reassigned to      1st Battalion, 325th Infantry Regiment (Airborne), 2nd Infantry Brigade Combat Team (IBCT), 82nd Airborne Division, Fort Bragg, NC.

4.  On or about 26 January 2005, he was reassigned to 2nd Battalion, 325th Infantry Regiment (Airborne), 2nd IBCT, 82nd Airborne Division.

5.  His ERB shows:

* he deployed to Iraq from 1 September 2005 through 29 December 2005, a period of 3 months and 29 days
* he was awarded or authorized the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal

6.  On 11 February 2006, he was promoted to the rank/grade of specialist (SPC)/E-4.  On 19 February 2006, he was reduced in rank to the rank/grade of private (PVT)/E-1.

7.  On 12 September 2007, he was honorably discharged from the Army by reason of disability with severance pay.  His DD Form 214:

* Item 12c (Record of Service – Net Active Service This Period), shows he was credited with 3 years, 7 months, and 2 days of active service
* Item 12f (Record of Service – Foreign Service), shows he was credited with 3 months and 29 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized ), shows he was awarded the Iraq Campaign Medal, but it does not show he was awarded the CIB or the Global War on Terrorism Expeditionary Medal
* Item 18 (Remarks), contains the entry "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) 20050901-20051229"

8.  The Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire/imminent danger pay and combat zone tax exclusion during the following periods:

* for Kuwait from 15 February 2005 through 27 March 2005, a period of        1 month and 13 days
* for Kuwait from 4 September 2005 through 28 December 2005, a period of 3 months and 25 days

9.  His Army Military Human Resource Record (AMHRR) is void of documentation that shows he served in Iraq during the period 15 February 2005 through 27 March 2005.  Additionally, his AMHRR is void of orders or other documentation that shows he was awarded the CIB during either of his documented deployments.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  Chapter 2 contains guidance on the preparation of the DD Form 214.  Paragraph 2-4 states that item 12f of the DD Form 214 documents the total amount of foreign service completed during the period of service represented in item 12c.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons 
who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and have participated actively in such ground combat.  

12.  A review of his available record indicates he is entitled to additional awards which are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 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)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 December 2011)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service in Iraq in January 2005 and his award of the CIB was carefully considered.

2.  DFAS documentation shows he deployed to Kuwait on 2 occasions, from       15 February 2005 through 27 March 2005 (a period of 1 month and 13 days) and from 4 September 2005 through 28 December 2005 (a period of 3 months and          25 days).  His AMHRR is void of documentation that shows he deployed to Iraq during his first deployment.  His DD Form 214 shows he deployed to Iraq during his second deployment, from 1 September 2005 through 29 December 2005.  

3.  Accordingly, there is sufficient evidence to correct his DD Form 214 to amend his period of foreign service and add his first deployment to Kuwait; however, there is not sufficient evidence to show he further deployed to Iraq during that period of deployment.  
4.  His ERB shows he was awarded or authorized the Global War on Terrorism Expeditionary Medal, which is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

5.  His DD Form 214 shows he served in Iraq during the period 1 September 2005 through 29 December 2005, and he was awarded the Iraq Campaign Medal for that period of service.  However, his participation in the Iraqi Governance and National Resolution campaigns is not properly reflected on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the Iraq Campaign Medal with 2 bronze service stars to properly annotate his campaign participation during his service in Iraq.

6.  Lastly, his AMHRR is void of orders or other documentation that shows he was awarded the CIB.  Therefore, there is an insufficient basis to grant his request for correction of his DD Form 214 to show this award.
  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* amending item 12f of his DD Form 214 to read "0000-05-12"
* amending item 13 of his DD Form 214 to delete the Iraq Campaign Medal and add the Iraq Campaign Medal with 2 bronze service stars and the Global War on Terrorism Expeditionary Medal
* amending item 18 of his DD Form 214 to add the entry "SERVICE IN KUWAIT FROM 20050215–20050327"




2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he was awarded the CIB or that he served in Iraq in January 2005.




      _______ _  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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20130007058



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