IN THE CASE OF: 

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130017823 


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:

* all of his medals and ribbons
* he was deployed
* the correct years he held his military occupational specialty (MOS)

2.  The applicant states the correct information was not entered on his DD Form 214 at the time of his discharge due to the clerk being in a hurry.

3.  The applicant provides his:

* DD Form 214
* DA Form 638 (Recommendation for Award)
* Certificate
* Enlisted Record Brief (ERB) 

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 9 November 2006.

3.  He submitted a/an:

	a.  ERB which shows he completed initial entry training and was awarded MOS 19D and assigned to duty MOS (DMOS) 19D on 23 March 2007.

	b.  DA Form 638, which shows he was recommended for award of the Army Commendation Medal (ARCOM) for service in support of Operation Iraqi Freedom during the period 15 May to 3 October 2007.

	c.  certificate which shows Permanent Orders Number 309-037, issued by Headquarters, 3d Brigade, 1st Cavalry Division awarded the applicant the ARCOM for meritorious service in support of Operation Iraqi Freedom 06-08.

4.  On 7 January 2009, he was discharged under honorable conditions from active service.  He completed 1 year, 6 months, and 24 days of creditable active service.  The DD Form 214 he was issued shows in:

	a.  item 11 (Primary Specialty) he held MOS 19D1O Cavalry Scout for 1 year.

	b.  item 12f (Foreign Service) the entry "0000  00  00," indicating he completed no foreign service during the period covered by the DD Form 214; and

	c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Army Service Ribbon.  

	d.  Item 18 (Remarks) of his DD Form 214 does not show he served in support of Operation Iraqi Freedom.  However, it does show he was credited with lost time during the following periods during which he was absent without leave from:

* 24 January to 5 February 2008 for 13 days
* 7 March to 23 March 2008 for 17 days
* 30 April to 8 June 2008 for 40 days
* 24 June to 20 November 2008 for 150 days
5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat-zone tax exclusion for service in Kuwait/Iraq during the period 11 May to 18 December 2007, a period of 7 months and 8 days.

6.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  This regulation states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  an active duty Soldier ordered to deploy to a foreign country, enter in
item 18 the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) 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 ICM 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.  His record shows he participated in the Iraqi Surge (10 January 2007 – 31 December 2008) campaign.

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 participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined, having served 30 consecutives or 60 nonconsecutive days are authorized award of the GWOTSM.  

9.  Army Regulation 635-5 (Personnel Separations - 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 also establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4 contains guidance on the preparation of the
DD Form 214.  Item 11 states from the ERB/Officer Record Brief enter the titles of all MOS or Area of Concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training.  

DISCUSSION AND CONCLUSIONS:
1.  DFAS records show the applicant served in Kuwait/Iraq in support of Operation Iraqi Freedom during the period 11 May to 8 December 2007.  
Therefore, item 12f of his DD Form 214 should be corrected to show "0000  4  18" and item 18 should be corrected to show "SERVICE IN SUPPORT OF IRAQI SURGE IN KUWAIT/IRAQ FROM 20070511 – 20071208."

2.  Evidence of record shows he was awarded the ARCOM for service during Operation Iraqi Freedom.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  The available evidence shows he completed a qualifying period of service for award of the ICM.  Therefore, his DD Form 214 should be corrected to show the ICM with one bronze service star to denote his campaign participation.

4.  Evidence of record shows he was awarded 19D and began serving in DMOS 19D on 23 March 2007.  He was discharged on 7 January 2009 and credited with 7 months and 6 days of lost time (time not spent serving in MOS 19D).  Subtracting this lost time from the time he held duty MOS 19D results in a total of 1 year, 2 months, and 10 days that he actually served in MOS 19D.  Therefore, he is entitled to have his DD Form 214 corrected to show he held MOS 19D for
1 year and 2 months.

5.  He served during a qualifying period of service for award of the GWOTSM, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ____X____ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 "0 MOS" from item 11 of his DD Form 214 and replacing it with the entry "2 MOS"; 

	b.  deleting the entry "0000 00 00" from item 12f of his DD Form 214 and replacing it with the entry "0000 07 08";
   
   c.  adding award of the Amy Commendation Medal, Iraq Campaign Medal with one bronze service star, and Global War on Terrorism Service Medal to item 13 of his DD Form 214; and
   
   d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20070511 – 20071208" to item 18 of his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to showing that he served
3 years in MOS 19D.  



      __________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)                                         AR20130017823





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ABCMR Record of Proceedings (cont)                                         AR20130017823



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