BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130017396
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 his foreign service in Kuwait and Iraq be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states his DD Form 214 does not reflect foreign service.
3. He provides a Certificate of Training 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 enlisted in the Regular Army on 9 May 2007.
3. He provided a Certificate of Training, dated 6 December 2007, which indicates he successfully completed the Basic Life Support Course (8 hours) at Camp Taji, Iraq.
4. He was released from active duty on 13 August 2008. His DD Form 214 shows in:
a. item 12f (Foreign Service) no entry.
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) no awards for service in Kuwait or Iraq.
c. item 18 (Remarks) no entry indicating he served in Kuwait or Iraq.
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 21 October 2007 through 18 January 2008 for Kuwait.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.
7. 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)
8. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 does not reflect foreign service is acknowledged and is determined to have merit.
2. DFAS confirmed he received HF/IDP and CZTE for the period 21 October 2007 through 18 January 2008 (a period of 2 months and 28 days) for service in Kuwait.
3. The Certificate of Training provided by the applicant shows he completed a course in Iraq.
4. Therefore, it would be appropriate to amend item 12f of his DD Form 214 to show 2 months and 28 days of foreign service and to amend item 18 to reflect his service in Kuwait/Iraq.
5. Based on this service, he is eligible for award of the Iraq Campaign Medal with one bronze service star and the GWOTSM and correction of his DD Form 214 to show these awards.
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. amending item 12f of his DD Form 214 to show the entry "0000 02 28";
b. amending item 13 of his DD Form 214 to add award of the Iraq Campaign Medal with one bronze service star and the GWOTSM; and
c. amending item 18 of his DD Form 214 to show the entry SERVICE IN KUWAIT/IRAQ FROM 20071021 TO 20080118."
_______ _ 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) AR20130017396
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