BOARD DATE:   22 April 2014

		DOCKET NUMBER:  AR20130015358 


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 service in Iraq.

2.  The applicant states he was deployed to Iraq from 1 April 2003 to 
17 December 2003.  His DD Form 214 does not show this foreign service.
His application for employment with a security contractor has been halted 
pending correction of his DD Form 214. 

3.  The applicant provides copies of:

* Army Commendation Medal Certificate with orders number
* Combat Infantryman Badge orders
* DA Form 638 (Recommendation for Award)  
* DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER))
* Post-Deployment Health Assessment
* 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 30 March 2001.  He held military occupational specialty 11C (Indirect Fire Infantryman).

3.  He provides copies of:

	a.  a certificate  showing he was awarded the Army Commendation Medal for meritorious achievement while assigned to Task Force 3-66 Armor from 6 April to 1 May 2003 during Operation Iraqi Freedom.

	b.  orders showing he was awarded the Combat Infantryman Badge for the period 22 May to 5 June 2003 in support of Operation Iraqi Freedom. 

	c.  a DA Form 638 showing he was recommended for award of the Army Commendation Medal for meritorious service while assigned to the 3-66 Armor Battalion from 1 May 2001 to 1 March 2004.  Achievements #1, #2, and #3 indicate duty in Iraq.

	d.  an NCOER for the period February 2003 through October 2003 showing duty in support of Operation Iraqi Freedom.

	e.  a Post-Deployment Health Assessment showing he was deployed to Iraq from 1 April to 17 December 2003.

4.  The applicant was honorably released from active duty on 29 March 2004 as a sergeant (SGT)/E-5.  He had completed 3 years, 3 months, and 26 days of net active duty service.  The DD Form 214 he was issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00" (indicating no foreign service);

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): 

* Army Lapel Button
* Army Commendation Medal (2 awards)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon 
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Carbine Bar
* Expert Infantryman Badge
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

	c.  item 18 (Remarks), no entry showing his deployment.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 3 April through 10 December 2003 for Kuwait.  This period equates to 8 months and 8 days of foreign service.

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

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

	a.  The Global War on Terrorism Service Medal is authorized for award to all Soldiers who served on active duty on or after 11 September 2001.

	b.  the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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.  The applicant's service in Iraq coincides with the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.

8.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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 states for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, 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 contends his DD Form 214 should be corrected to show his service in Iraq.

2.  Although the DFAS confirmation indicates he was deployed only to Kuwait, his record shows he also served in Iraq.  Therefore, his DD Form 214 should be corrected to show his foreign service as Kuwait/Iraq from 3 April through 
10 December 2003.

3.  He provides orders showing he was awarded the Combat Infantryman Badge.

4.  The available evidence shows he served qualifying periods for award of the Global War on Terrorism Service Medal and Iraq Campaign Medal with two bronze service stars.

5.  Therefore, 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 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.  deleting from item 12f of his DD Form 214 for the period ending 6 August 2004 the entry "0000  00  00" and replacing it with the entry "0000  08  08";

	b.  adding to item 18 of his DD Form 214 the Combat Infantryman Badge, Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Service Medal; and
	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030403 - 20031210."



      __________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)                                         AR20110003578



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ABCMR Record of Proceedings (cont)                                         AR20130015358



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