BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130007060 


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 deployment from January 2004 to February 2005.

2.  He states his records only show one deployment.  He was also deployed from January 2004 to February 2005 with Company D, 15th Forward Support Battalion (FSB), 2nd Brigade, 1st Cavalry Division.

3.  He provides:

* DA Form 4187 (Personnel Action)
* medical records
* DA Form 638 (Recommendation for Award)
* 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.  On 15 April 2002, the applicant enlisted in the Regular Army.  On 16 April 2004, he reenlisted.  He served in military occupational specialty 63H (Tracked Vehicle Mechanic).  

3.  Section I (Assignment Information) of his Enlisted Record Brief (ERB) shows he deployed to Iraq during the period 28 October 2006 through 12 December 2007.

4.  On 13 October 2008, he was honorably discharged by reason of parenthood.  His DD Form 214 shows in:

* item 12f (Foreign Service) – 1 year, 1 month, and 15 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the – 

* Iraq Campaign Medal (ICM) with one bronze service star
* Bronze Star Medal
* Army Commendation Medal (ARCOM)
* Purple Heart 
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Humanitarian Service Medal 
* Army Service Ribbon
* Combat Action Badge
* Marksman Marksmanship Qualification Badge
* Driver and Mechanic Badge with Mechanic Bar

* item 18 (Remarks), in part – "SERVICE IN KUWAIT/IRAQ 20061028-20071212"

5.  His Master Military Pay Account (MMPA) at the Defense Finance and Accounting Service shows he receive hostile fire/imminent danger pay and combat zone tax exclusion for Kuwait during the period 11 January 2004 through 22 February 2005.

6.  He provides:  

	a.  a DA Form 4187, dated 11 March 2004, showing he was recommended for award of the Purple Heart for a wound he received in action in Iraq on 12 February 2004 while assigned to Company D, 15th FSB, 1st Cavalry Division; 

	b.  medical records, dated 12 February 2004, showing he received medical treatment for his wound; and

	c.  a DA Form 638 showing he was awarded the ARCOM for service in support of Operation Iraqi Freedom (OIF) during the period 12 January 2004 to 12 January 2005.  

7.  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 the preparation of the DD Form 214.  It states:

	a.  for item 12f, from the ERB, enter the total amount of foreign service completed during the period covered by the DD Form 214; and

	b.  for item 18, for an active duty Soldier deployed with his unit during his continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  As a related matter, a review of his record indicates he is entitled to additional decorations not shown on his DD Form 214.

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

	a.  The regulation states the ICM 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 ICM 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 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	b.  It states the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

10.  According to the Awards Branch at the 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 continuous months in Iraq or Afghanistan get credit for a completed short tour.  

11.  On 16 April 2008, the U.S. Army Human Resources Command issued Permanent Orders 107-06 announcing award of the Meritorious Unit Commendation (MUC) to the 15th Support Battalion for OIF service in support of the 2nd Brigade Combat Team during the period 12 January 2004 to 12 January 2005.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant deployed with a unit twice to Kuwait/Iraq.  His first deployment, as shown in his MMPA and the documents he provides, was from 11 January 2004 to 22 February 2005 (1 year, 1 month, and 12 days).  His second deployment, which was entered on his DD Form 214, was from 28 October 2006 to 12 December 2007 (1 year, 1 month and 15 days).

2.  His first deployment was not included in the foreign service shown in item 12f of his DD Form 214 nor was this deployment recorded in item 18 of his DD Form 214.  It would be appropriate to correct item 12f to show he had 2 years, 2 months, and 27 days of foreign service.  It would also be appropriate to add an entry in item 18 documenting his first deployment.  

3.  He was awarded the ICM and his record shows he served in Iraq during four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded ICM.  

4.  Based on his two deployments, each of which exceeded a year in length, he is entitled to correction of his DD Form 214 to show the OSR with numeral 2.  

5.  He served in a unit during a period for which it was cited for award of the MUC.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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:

* replace the entry in item 12f with "0002  02  27"

* delete from item 13 – 

* "Iraq Campaign Medal"
* "Iraq Campaign Medal Campaign Star"

* add to item 13 – 

* ICM with four bronze service stars
* OSR with numeral 2
* MUC

* add to item 18 "SERVICE IN KUWAIT/IRAQ FROM 20040111-20050222"


      _______ _   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)                                         AR20130007060





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ABCMR Record of Proceedings (cont)                                         AR20130007060



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