BOARD DATE:	  21 May 2014

		DOCKET NUMBER:  AR20130014491 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployments to Africa, Bosnia, and a second tour of duty in Iraq.

2.  The applicant states three deployments are not mentioned at all 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.  The applicant enlisted in the Regular Army on 14 October 1992.  He served as a metal worker and he remained on active duty through continuous reenlistments.

3.  His Enlisted Record Brief shows he served in Germany from 9 January 1996 to 4 February 1999 (a period of 3 years and 26 days).

4.  Permanent Orders 196-04, dated 15 July 2006, show he was awarded the Army Commendation Medal (ARCOM) for meritorious service in support of Operation Iraqi Freedom during the period 6 November 2005 to 5 November 2006.

5.  On 29 April 2009, he was honorably discharged.

6.  His DD Form 214 shows he was awarded or authorized the:
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (4th 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
* Noncommissioned Officer Professional Development Ribbon (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon (OSR)

7.  His DD Form 214 also shows in:

* item 12f (Foreign Service) – 4 years and 4 months
* item 18 (Remarks) – service in Iraq from 1 April 2003 to 30 June 2004 (a period of 1 year and 3 months)

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in:

* Bosnia from 15 October 1996 through 8 April 1997 (a period of 5 months and 23 days)
* Kuwait from 6 November 2005 through 17 October 2006 (a period of 11 months and 12 days)

9.  There is no evidence of record showing he served in Africa.

10.  Military Personnel Message Number 99-100 authorized award of both the Armed Forces Service Medal (AFSM) and the Armed Forces Expeditionary Medal (AFEM), as a one-time exception to Department of Defense and Service policy, for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina during the periods 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

11.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (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 to 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)

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

13.  According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation states that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record.  This regulation specified to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends three deployments (Africa, Bosnia, and Iraq) are missing from his DD Form 214.

2.  Since there is no evidence of record and he provided no evidence showing he deployed to Africa, there is insufficient evidence on which to base adding this deployment to his DD Form 214.

3.  DFAS confirmed the applicant received HFP/IDP for service in Bosnia from 15 October 1996 through 8 April 1997 for a total of 5 months and 23 days of foreign service.  Therefore, this information is accepted as sufficient evidence to correct items 12f and 18 of his DD Form 214 to show this foreign deployed service.

4.  As a related issue based on his service in Bosnia, he is authorized award of the AFSM and AFEM.  His DD Form 214 should be corrected to show these medals.

5.  His DD Form 214 shows he served in Iraq from 1 April 2003 to 30 June 2004.

6.  His contention that his DD Form 214 is missing a second deployment to Iraq has merit.  His ARCOM orders showing he deployed in support of Operation Iraqi Freedom in 2005/2006 are accepted as sufficient evidence to verify his service in Iraq.  Additionally, DFAS confirms he received HFP/IDP and CZTE for service in Kuwait during the period 6 November 2005 to 17 October 2006.  As such, the evidence confirms he served in Kuwait and Iraq during this period.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 6 November 2005 to 17 October 2006.  In addition, item 12f of his DD Form 214 should be corrected to show he completed a total of 5 years, 9 months, and 1 day of foreign service.

7.  As a related issue based on his service in Iraq in 2005/2006 and participation in two campaigns, he is authorized award of the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

8.  His DD Form 214 shows one award of the OSR, presumably for his 36-month overseas tour in Germany.  However, he is eligible for two additional awards of the OSR based on his two deployments in Iraq.  Therefore, his DD Form 214 should be corrected to show the OSR (3rd Award).

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 in item 12f of his DD Form 214 and replacing it with the entry "0005  09  01";

	b.  deleting award of the OSR from his DD Form 214;

	c.  adding award of the ICM with two bronze service stars, AFSM, AFEM, and OSR (3rd Award) to his DD Form 214; and

	d.  adding the entries "SERVICE IN BOSNIA FROM 19961015-19970408" and "SERVICE IN KUWAIT/IRAQ FROM 20051106-20061017" to item 18 of his DD Form 214.

2.  The Board further determined 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 adding a deployment to Africa to his DD Form 214.



      ___________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)                                         AR20130014491



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ABCMR Record of Proceedings (cont)                                         AR20130014491



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