IN THE CASE OF:	  

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130015404 


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 award of the Bronze Star Medal.

2.  The applicant states he received the Bronze Star Medal on 12 November 2008.

3.  The applicant provides a copy of his DD Form 214 and Bronze Star Medal certificate.

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 2 October 2002.  
3.  On 21 March 2009, the applicant was honorably released from active duty upon completion of his required active service.  Item 12f (Foreign Service) of the DD Form 214 he was issued at the time shows he performed no foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal 
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon

5.  Item 18 (Remarks) of his DD Form 214 does not contain an entry indicating service in Kuwait/Iraq.

6.  The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 25 September 2007 through      14 December 2008 (a period of 1 year, 2 months, and 20 days).

7.  The applicant provides a copy of his Bronze Star Medal Certificate that shows he received the Bronze Star Medal for exceptionally meritorious service in Iraq while assigned to Company B, 519th Military Intelligence Battalion, for the period 25 September 2007 to 1 December 2008.  The certificate is authenticated by a general officer's signature and contains Permanent Order Number 317-014, dated 12 November 2008.

8.  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)
* 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)

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  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.  

10.  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.  In establishes standardized policy for the preparation of the DD Form 214 and 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 is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states for item 18 (Remarks), for an active duty Soldier deployed 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.  Permanent orders awarded the applicant the Bronze Star Medal for his service in Iraq.  Therefore, his DD Form 214 should be corrected to show this award.

2.  DFAS records indicate the applicant was deployed to Kuwait from 25 September 2007 through 14 December 2008, a period of 1 year, 2 months, and 20 days.  At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country.

3.  The DFAS information is accepted as sufficient evidence with which to amend item 18 of the applicant's DD Form 214 to show he served in Kuwait/Iraq from 25 September 2007 to 14 December 2008 and thereby add a period of 1 year, 
2 months, and 20 days of foreign service to item 12f of his DD Form 214.

4.  Based on his accepted dates of service in Kuwait/Iraq, the applicant is entitled to award of the Iraq Campaign Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected to show the Iraq Campaign Medal with one bronze service star.
5.  The evidence shows the applicant served a sufficient amount of time to receive award of the Overseas Service Ribbon.  Therefore, his record should be corrected to show this award.   

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:

   a.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0001  02  20";

	b.  adding award of the Bronze Star Medal, Iraq Campaign Medal with one bronze service star, and Overseas Service Ribbon to his DD Form 214; and
	
   c.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20070925-20081214" to item 18 of 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)                                         AR20130015404



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ABCMR Record of Proceedings (cont)                                         AR20130015404



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