BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130016524 


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 correct period of his foreign service in Iraq.

2.  The applicant states he deployed with Company F (Forward Support Company), 1st Battalion, 67th Armor Regiment, 4th Infantry Division, and served in Iraq from 29 November 2005 to 15 November 2006.  He was awarded the Army Commendation Medal for meritorious service while deployed in support of Operation Iraqi Freedom (OIF) and the award document shows the correct dates.  However, his DD Form 214 shows he served in Iraq from 26 April to 
25 December 2005.

3.  The applicant provides a copy of his:

* DA Form 638 (Recommendation for Award)
* DA Form 4980-14 (Army Commendation Medal Certificate)
* DD Form 214
* Department of Veterans Affairs (VA) letter, page 2

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.  On 13 August 2003, the applicant enlisted in the Regular Army for a period of 3 years.  He was awarded military occupational specialty 92F (Petroleum Supply Specialist).

3.  Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq, Permanent Orders Number 050-36, dated 19 February 2006, awarded the applicant the Combat Action Badge for participating in ground combat operations under enemy hostile fire to liberate Iraq in support of OIF on 25 December 2005.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 16 February 2007 based on completion of required active service.  He had completed 3 years, 6 months, and 4 days of total active service.  It also shows in:

	a.  item 12f (Foreign Service):  "0000 years, 08 months, and 00 days"; 

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

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Combat Action Badge

	c.  item 18 (Remarks), in pertinent part, "service in Iraq 20050426-20051225."

5.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 1 December 2005 through 1 November 2006 for Kuwait.

6.  In support of his application the applicant provides the following documents:

   a.  DA Form 638 and DA Form 4980-14 that show Headquarters, 2nd Brigade Combat Team, 4th Infantry Division (Mechanized), Forward Operating Base Kalsu, Iraq, Permanent Orders Number 221-59, dated 15 October 2006, awarded the applicant the Army Commendation Medal for meritorious service while deployed in support of OIF from 29 November 2005 to 15 November 2006.

   b.  A VA letter (page 2 of 8) that shows he served in Southwest Asia (Iraq) from 26 April through 25 December 2005. 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f, enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records; and

	c.  item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the correct period of service in Iraq.

2.  The evidence of record is inconsistent with respect to the applicant's period of service in support of OIF in Iraq.    

* His DD Form 214 shows Iraq service from 26 April to 25 December 2005
* finance records show Iraq service from 1 December 2005 to 
1 November 2006
* his award documents show Iraq service from 29 November 2005 to 
15 November 2006

   a.  He received HFP/IDP for 12 months.

   b.  Permanent orders also awarded him the Army Commendation Medal for service in support of OIF in Iraq from 29 November 2005 to 15 November 2006.
   c.  Thus, based on the available evidence, it is concluded that the applicant served in Iraq from 29 November 2005 to 15 November 2006.
   
   d.  A calculation of this period of overseas service shows the following:

	2006  11  15	date of redeployment
	- 2005  11  29	date of deployment
	=     00  11  16
	+                   1	day inclusive
	=     00  11  17	or 11 months and 17 days of total foreign service

	e.  Item 12f and item 18 of the applicant's DD Form 214 do not show the correct amount or period of foreign service.

3.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service, as recommended below.

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 entry from item 12f of his DD Form 214 and adding the entry "0000  11  17";

	b.  adding to item 13 of his DD Form 214 the "Army Commendation Medal"; and




	c.  deleting the statement "SERVICE IN IRAQ 20050426-20051225" from item 18 of his DD Form 214 and adding the statement "SERVICE IN IRAQ FROM 20051129-20061115."



      _______ _   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)                                         AR20130016524



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ABCMR Record of Proceedings (cont)                                         AR20130016524



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