IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130013990
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 the Iraq Campaign Medal (ICM), Army Commendation Medal (ARCOM), and foreign service credit.
2. The applicant states he was awarded the Iraq Campaign Medal and Army Commendation Medal which are not shown on his DD Form 214. He also states that he served in Iraq during the period June 2004 through June 2005 which is also not shown on his DD Form 214.
3. The applicant provides his DD Form 214, DA Form 638 (Recommendation for Award), and a Certificate of Training.
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 applicant enlisted in the Regular Army on 20 June 1997.
3. His DD Form 214 does not show any foreign service in item 12 (Foreign Service).
4. Item 13 of his DD Form 214 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) does not show the ICM or the ARCOM.
5. Permanent Orders Number 122-25, 2nd Brigade, 10th Mountain Division Light, Fort Drum, New York, awarded the applicant the ARCOM for the meritorious service while deployed in support of Operation Iraqi Freedom during the period 19 June 2004 through 19 June 2005.
6. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have 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 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 include the:
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
7. Coordination with the Defense Finance and Accounting Service (DFAS) indicates the applicant's Master Military Pay Account shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for Kuwait for the period 21 June 2004 through 23 June 2005.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.
a. The instructions for completing item 12f are to enter, from the Enlisted Record Brief, the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).
b. Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant served a period of foreign service; therefore, he is entitled to correction of his DD Form 214 to show his foreign service.
2. Orders show the applicant was awarded the ARCOM. Therefore, he is entitled to correction of his records to show this award.
3. The applicant served a period of time in Iraq that qualifies him for the ICM with two bronze service stars. His DD Form 214 should be corrected accordingly.
BOARD VOTE:
___X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 adding to his DD Form 214:
a. the Army Commendation Medal and Iraq Campaign Medal with two bronze service stars;
b. in item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20040621-20050623"; and
c. in item 12f the entry 0001 00 03.
_______ _ 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) AR20130013990
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ABCMR Record of Proceedings (cont) AR20130013990
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