IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130010620
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 and award of the Iraq Campaign Medal (ICM).
2. The applicant states:
a. he served in Iraq from approximately September 2003 to March 2004 and
b. the ICM should be listed on his DD Form 214.
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. Records show the applicant enlisted in the Regular Army on 8 November 2001. He was trained in and awarded military occupational specialty 13B (Cannon Crewmember).
3. On 7 November 2004, the applicant was honorably released from active duty after having completed 3 years of creditable active duty service.
4. Item 12f (Foreign Service) of the applicant's DD Form 214 contains the entry "0000 00 00" indicating he did not complete any foreign service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the ICM.
6. Item 18 (Remarks) does not include any foreign service entries.
7. Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire pay and imminent danger pay for service in Kuwait during the period 5 September 2003 through 4 April 2004.
8. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who 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 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)
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;
b. item 13, enter all awards and decorations for all periods of service and each entry will be verified by the Soldier's records; and
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. The applicant's DFAS record corroborates his claim of foreign service. It confirms he completed 7 months of service in Kuwait/Iraq from 5 September 2003 to 4 April 2004, which also satisfies the regulatory criteria for the award of the ICM with one bronze service star.
2. Accordingly, his DD Form 214 should be corrected to show the entry "0000 07 00" in item 12f, the ICM with one bronze service star in item 13, and the entry "SERVICE IN KUWAIT/IRAQ FROM 20030905-20040404" in item 18.
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 is 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:
a. deleting the current entry from item 12f and replacing it with the entry "0000 07 00,"
b. adding the Iraq Campaign Medal with bronze service star to item 13, and
c. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030905-20040404" 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) AR20120011592
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130010620
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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