IN THE CASE OF: 

		BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130013928


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 in Iraq from March 2004 through April 2005.

2.  The applicant states:

* his DD Form 214 credits him for two previous deployments to Southwest Asia; however, it does not show his deployment to Iraq
* the administrative system forgot to account for his last deployment dates
* he needs a DD Form 215 (Correction to DD Form 214) to prove to the Department of Veterans Affairs he deployed to Iraq with the 115th Forward Support Battalion, 1st Cavalry Division in March 2004

3.  The applicant provides:

* DD Form 214
* Permanent Order Number 22-03, issued by Headquarters, 1st Cavalry Division on 22 January 2004
* Certificate of Retirement, dated 1 July 2005

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 6 July 1984, the applicant enlisted in the Regular Army.  He completed training in and was awarded military occupational specialties (MOS) 63B (Light-Wheeled Vehicle Mechanic) and 77F (Petroleum Supply Specialist), which later converted to MOS 92F.  

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he completed the following periods of foreign and/or overseas service:

* Korea, from 15 December 1986 through 11 December 1987
* Saudi Arabia, from 15 August 1990 through 14 April 1991
* Alaska, from 20 September 1991 through 19 September 1994
* Korea, from 11 July 1997 through 10 July 2000

4.  On or about 19 October 2000, he was assigned to the 115th Forward Support Battalion, 1st Brigade Combat Team, 1st Cavalry Division, at Fort Hood, TX.

5.  His record shows he was awarded the Armed Forces Expeditionary Medal for service in Southwest Asia during the period December 2000 through April 2001.  

6.  Permanent Orders Number 93-03, issued by the 115th Forward Support Battalion on 3 April 2003, awarded him the Army Good Conduct Medal (6th Award) for the period 5 July 1999 through 4 July 2002.

7.  Permanent Orders Number 355-113, issued by Headquarters, 115th Forward Support Battalion, 1st Cavalry Division on 20 December 2004, awarded him the Army Achievement Medal for meritorious achievement while assigned to the 115th Forward Support Battalion during Operation Iraqi Freedom (OIF) II.

8.  On 30 June 2005, he was honorably retired from the Army by reason of sufficient service for retirement.  

   a. Item 12f (Record of Service – Foreign Service) of his DD Form 214 shows he was credited with 7 years and 7 days of foreign service.
   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following medals and badges during his period of active service:

* Army Commendation Medal (6th Award)
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal (2nd Award)
* Overseas Service Ribbon
* Kosovo Campaign Medal
* Driver and Mechanic Badge with Driver-W Bar

   c. Item 18 (Remarks) of his DD Form 214 contains the entry "SERVICE IN SOUTHWEST ASIA 20001216 – 20010422, 19900815 – 19910414."

9.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 shows he was awarded or authorized the following awards and decorations during his period of active military service:

* Army Commendation Medal (5th Award)
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Noncommissioned Officer (NCO) Professional Development Ribbon (Numeral 2)
* Army Service Ribbon
* Overseas Service Ribbon (Numeral 3)
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* Kuwait Liberation Medal (Government of Kuwait)
* Driver and Mechanic Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  His Enlisted Record Brief (ERB) shows he was awarded or authorized the following awards and decorations during his period of active military service:

* Army Commendation Medal (7th Award)
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Southwest Asia Service Medal
* Korea Defense Service Medal
* Noncommissioned Officer (NCO) Professional Development Ribbon (Numeral 2)
* Army Service Ribbon
* Overseas Service Ribbon (Numeral 3)
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* Kuwait Liberation Medal (Government of Kuwait)
* Driver and Mechanic Badge

11.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 15 March 2004 through 14 March 2005.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations and similar devices awarded in recognition of accomplishments.  Paragraph 5-4 (Overseas Service Ribbon) provides that the Overseas Service Ribbon is awarded to members of the U.S. Army for successful completion of overseas tours.  Numerals will be used to represent second and subsequent awards of the Overseas Service Ribbon.
13.  Army Regulation 614-30 (Overseas Service) prescribes Department of the Army policy and guidance on the establishment of tour lengths for overseas areas.  It provides that Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status within a 24-month period get credit for a complete short tour.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.
14.  Army Regulation 635-8 (Separation Processing and Documents) prescribes Department of the Army policy and procedural guidance relating to transition management.  Paragraph 5-6 provides detailed instructions on the preparation of the DD Form 214.  Sub-paragraph r, sub-paragraph (g), provides that for active duty Soldiers, deployed with their unit during their continuous period of active service, the following entry should be added in item 18: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (INCLUSIVE DATES)."



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service in Iraq from March 2004 through April 2005 was carefully considered.

2.  DFAS documentation shows he deployed to Kuwait from 15 March 2004 through 14 March 2005; however, as a member of the 115th Forward Support Battalion, 1st Brigade Combat Team, 1st Cavalry Division, it is unlikely his unit remained in Kuwait during this deployment.  He was awarded the Army Achievement Medal for participation in OIF II, which further supports his service in Iraq.  

3.  His period of deployed service in Iraq is not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show it.  

4.  His record shows he was awarded the Armed Forces Expeditionary Medal for service in Southwest Asia during the period December 2000 through April 2001.  This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

5.  Permanent orders awarded him the Army Good Conduct Medal (6th Award), for the period 5 July 1999 through 4 July 2002, which is not shown on his         DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  His DA Form 2-1 shows he completed three periods of overseas service and he was awarded the Overseas Service Ribbon (Numeral 3).  His deployed service in Iraq exceeded 9 continuous months; therefore, it qualifies him for the Overseas Service Ribbon (Numeral 4).  Since only one award of the Overseas Service Ribbon is shown on his DD Form 214, it would be appropriate to correct his DD Form 214 to show the Overseas Service Ribbon (Numeral 4).

7.  His DA Form 2-1 shows he was awarded the Southwest Asia Service Medal with three bronze service stars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

8.  His ERB shows he was awarded or authorized the following awards and decorations:

* Army Commendation Medal (7th Award)
* Army Achievement Medal (6th Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* NCO Professional Development Ribbon (Numeral 2)
* Army Service Ribbon
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* Kuwait Liberation Medal (Government of Kuwait)

These awards and decorations are not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show them.

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:

   a. amending item 13 of his DD Form 214 to delete the Army Commendation Medal (6th Award), Army Achievement Medal (5th Award), Army Good Conduct Medal (5th Award), and the Overseas Service Ribbon; 

   b. amending item 13 of his DD Form 214 to add the following awards and decorations:

* Army Commendation Medal (7th Award)
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (6th Award)
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Korea Defense Service Medal
* NCO Professional Development Ribbon (Numeral 2)
* Army Service Ribbon
* Overseas Service Ribbon (Numeral 4)
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* Kuwait Liberation Medal (Government of Kuwait)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

   c. amending item 18 of his DD Form 214 to add the entry "SERVICE IN KUWAIT/IRAQ FROM 20040315–20050314."



      ___________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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20130013928



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