IN THE CASE OF:	  

		BOARD DATE:  20 February 2014

		DOCKET NUMBER:  AR20130010734 


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 to Iraq for the period 19 November 2004 through 18 November 2005.

2.  The applicant states he needs his deployed service annotated so he may apply for veterans' benefits.  He further states his service award documentation shows his period of deployment.

3.  The applicant provides:

* DA Form 638 (Recommendation for Award)
* Orders 268-716
* Meritorious Service Medal (MSM) Certificate
* 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.  The evidence shows the applicant, a U.S. Army Reserve officer, entered active duty on 11 January 2002.

3.  The applicant was honorably released from active duty on 10 January 2006 after completing 4 years of active service.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* MSM
* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Air Assault Badge
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM)

4.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 1 year and 1 day of foreign service.

5.  Item 18 (Remarks) of his DD Form 214 shows he served in Iraq for the period 6 March 2003 through 6 March 2004 (a period of 1 year and 1 day).

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 20 November 2004 through 25 October 2005 (a period of 11 months and 6 days).

7.  The applicant provided:

	a.  a copy of his MSM Certificate and DA Form 638 which show he was awarded the MSM for meritorious service during Operation Iraqi Freedom (OIF) for the period 19 November 2004 to 18 November 2005; and

	b.  Orders 268-716 issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, dated 24 September 2004, which show he was ordered to deploy in support of OIF on or about 14 November 2004 for a period of 365 days or until the mission was completed.

8.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who 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)

9.  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 and establishes standardized policy for preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states for an active duty Soldier deployed 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)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention has been carefully examined and found to have partial merit; however, the evidence of record is ambiguous regarding the applicant's actual dates of service in Iraq.

2.  DFAS records indicate the applicant was deployed to Kuwait from 20 November 2004 through 25 October 2005, a period of 11 months and 6 days.  At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country.

3.  The DFAS information is accepted as sufficient evidence with which to amend item 18 of the applicant's DD Form 214 to show he served in Kuwait/Iraq from 20 November 2004 to 25 October 2005 and thereby add a period of 11 months and 6 days of foreign service to his DD Form 214.

4.  Based on his accepted dates of service in Kuwait/Iraq, the applicant is entitled to a bronze service star for wear on his previously-awarded ICM for his participation in the Iraqi Governance Campaign.  Therefore, his DD Form 214 should be corrected to show this bronze service star.
 
5.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

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:

	a.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0001  11  07,"

	b.  deleting the Iraq Campaign Medal from his DD Form 214,

	c.  adding award of the Iraq Campaign Medal with one bronze service star to his DD Form 214, and

	d.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20041120-20051025" to item 18 of his DD Form 214.

2.  The Board further determined that 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 for the period ending 10 January 2006 to show his second tour in Iraq as 19 November 2004 to 18 November 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)                                         AR20130010734



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010734



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1