IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130015795
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 record to show his service in Iraq.
2. The applicant states, in effect, he was discharged on incomplete records. The clerks preparing his DD Form 214 (Certificate of Release or Discharge from Active Duty) did not have all of his records and were in too big a hurry to finish his discharge to verify his service in Iraq.
3. The applicant provides copies of deployment and redeployment orders with a personnel roster, a Travel Voucher, and 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 served on active duty from 9 November 2000 through 14 March 2005.
3. The applicant was deployed to Iraq and received hostile fire pay from 11 March 2003 through 28 January 2004, 10 months and 18 days.
4. The record contains orders for the Parachutist Badge, Driver and Mechanics Badge with "W", and the Good Conduct Medal.
5. His 14 March 2004 DD Form 214 shows -
* at block 12f (Foreign Service) - 0000 00 00
* his authorized awards are the Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Parachutist Badge, and Air Assault Badge
* block 18 (Remarks) does not include any deployment information
6. 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 (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. Based on the applicant's period of service in Iraq he served during the following approved campaigns:
* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)
7. 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 and states:
a. total amount of foreign service completed during the period covered by the DD Form 214 is to be entered in block 12f;
b. block 18 (Remarks) is for HQDA mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14.
c. for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter at block 18 the following statement; "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's period of foreign service in Iraq is not reflected on his DD Form 214. It is appropriate to correct this omission by showing at block 12f - 0000 10 18; and
2. The DD Form 214 does not include the mandatory entry to show the applicant's deployment. It is appropriate to correct the DD Form 214 by adding at block 18 "SERVICE IN IRAQ FROM 20030411 - 20040128."
3. In addition to the above corrections to show his service in Iraqi, based on that service the applicant is also authorized award of the Iraqi Campaign Medal with two bronze service stars.
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 showing on the DD Form 214 at:
a. block 12f, his foreign service as "0000 10 18";
b. block 13, his awards also include the Iraqi Campaign Medal with two bronze service stars; and
c. block 18, by adding the statement "SERVICE IN IRAQ FROM 20030411 - 20040128."
_______ _ _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) AR20130015795
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ABCMR Record of Proceedings (cont) AR20130015795
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