IN THE CASE OF:	  

		BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130008256 


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:

* foreign service in item 12f (Foreign Service)
* deployed service in Iraq in item 18 (Remarks)
* all awards he is authorized

2.  The applicant states he deployed to Iraq from 4 March 2004 through 5 March 2005.  He did not receive any deployment or foreign service credit on his DD Form 214 nor did he receive the authorized awards for this service.

3.  The applicant provides:

* Enlisted Distribution Assignment System (EDAS) Soldier Record, dated
2 April 2005
* 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 1 March 2001, the applicant enlisted in the Regular Army.  He completed training and he was awarded military occupational specialty 19K (M1 Armor Crewman).  He attained the rank/grade of specialist (SPC)/E-4.

3.  Permanent Order 049-006, issued by the 15th Personnel Services Battalion, Fort Hood, TX, dated 18 February 2004, awarded him the Army Good Conduct Medal (1st Award) for the period 1 March 2001 to 29 February 2004.

4.  On 31 May 2005, he was honorably released from active duty at the completion of required active service.  He completed 4 years and 3 months of creditable active service.  The DD Form 214 he was issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service.

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

	c.  item 18 (Remarks) no entry for deployed service.

5.  He provided an extract of his EDAS Record, dated 2 April 2005, that shows he was deployed overseas (country code WW) from 19 March 2004 to 18 March 2005 (1 year).

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 13 March 2004 through 12 March 2005 for Kuwait.


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

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved relevant campaigns are:

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

	b.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  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 receive credit for a completed short tour.

8.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It states for:

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

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

	c.  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.  Permanent orders awarded the applicant the Army Good Conduct Medal
(1st Award) for the period 1 March 2001 through 29 February 2004.  Therefore, his DD Form 214 should be corrected to show this award.


2.  The EDAS Record he provided shows he was deployed overseas from 19 March 2004 to 18 March 2005.  DFAS confirmed he received HF/IDP and CZTE from 13 March 2004 through 12 March 2005 for Kuwait, a period of
1 year.  DFAS does not specifically reflect service in Iraq; however, it is reasonable to presume he would have first arrived in Kuwait and authorized HF/IDP and CZTE for that location prior to going into Iraq.  DFAS generally does not change a Soldier's records to reflect such a change in location.  As such, it appears his statement together with this information is sufficient to amend his DD Form 214 to show he:

	a.  completed 1 year of foreign service;

	b.  served in Kuwait/Iraq from 13 March 2004 through 12 March 2004;

	c.  is entitled to the Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon.

3.  In view of the foregoing, it would be appropriate to correct his DD Form 214 as recommended below.

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 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:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0001  00  00";

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)


* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
IRAQ FROM 13 MARCH 2004 – 12 MARCH 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)                                         AR20130008256



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008256



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1