BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130011653 


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, that he be awarded the Iraq Campaign Medal. 

2.  The applicant states that he served in Iraq from February 2003 to March 2004; however, Iraq service was not entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant provides copies of his DD Form 214, deployment orders and orders awarding him the Combat Infantryman Badge (CIB).

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 18 July 1997, the applicant enlisted in the Regular Army for 4 years, training as an infantryman, and for a $12,000 enlistment bonus.  He completed one-station unit training at Fort Benning, Georgia and was transferred to Fort Hood, Texas.

3.  On 6 June 2000, he was transferred to Korea where he served a 1-year tour and was transferred back to Fort Hood in 2001.

4.  He deployed to Iraq during the period 4 April 2003 through 15 March 2004 
(11 months and 11 days), served in two campaigns, and was returned to Fort Hood where he was honorably released from active duty (REFRAD) on 17 April 2004 due to completion of required service.  He had served 6 years and 
9 months of active service and his DD Form 214 issued at the time of his REFRAD shows he served 1 year, 6 months, and 1 day of foreign service in item 12f (Foreign Service) and that he was awarded the Army Achievement Medal (2nd Award), Global War on Terrorism Service Medal, Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization Medal, Kosovo Campaign Medal, Combat Infantryman Badge, Korea Defense Service Medal, and the Driver and Mechanic Badge with Driver "W" Bar.  

5.  Army Regulation 600-8-22 (Military Awards) states 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 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)

6.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

7.  Army Regulation 635-5 (Personnel Separations - 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 in:
a. item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  item 18 (Remarks) 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 served in Iraq during two campaigns and is entitled to award of the Iraq Campaign Medal with two bronze service stars and to have it entered on his DD Form 214.

2.  The applicant served two complete overseas tours and he is entitled to have the OSR with Numeral “1” added to his DD Form 214.

3.  The applicant also served 2 years, 5 months, and 12 days of foreign service and he is entitled to have that time entered on his DD Form 214.

4.  Additionally, the applicant deployed to Iraq during the period 20030404 – 20040315 and is entitled to have it entered in item 18 of his DD Form 214.

BOARD VOTE:

__X___  ___X_____  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* Deleting the entry “0001  00  01” from item 12f of his DD Form 214
* Deleting the award of the Overseas Service Ribbon from his DD Form 214
* Adding the entry “0002  05  12” to item 12f of his DD Form 214
* Adding the Iraq Campaign Medal with two bronze service stars and Oversea Service Ribbon with Numeral “1” to his DD Form 214
* Adding the entry “Service in Iraq 20030404 – 20040315” to item 18 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20130011653



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ABCMR Record of Proceedings (cont)                                         AR20130011653



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