BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130020490 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Iraq.

2.  The applicant states he recently made an appointment at a Veterans Center for readjustment counseling and was told in order to receive treatment, he had to have his combat deployment dates annotated on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Order Number 06-087-116
* Orders Number 215-01
* a list of names

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 18 September 1998.

3.  The applicant was discharged on 15 October 2007, after completing 9 years and 28 days of active service.  Item 12f (Foreign Service) contains the entry "0005 04 01."  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Basic Marksmanship Qualification Badge

4.  The applicant provides and his records contain Order Number 06-087-116, issued by the Commander, 64th Corps Support Group, Al Asad, Iraq, dated      28 March 2006, awarding him the Army Commendation Medal for meritorious service as a squad leader during a time of hostilities for the period 22 August 2005 to 15 January 2006 in support of Operation Iraqi Freedom 05-07.

5.  The applicant provides a copy of Orders Number 215-01, issued by 28th Transportation Battalion, dated 3 August 2005, and a manifest of names on which he is included for a deployment order to Iraq/Kuwait in support of Operation Iraqi Freedom/Operation Enduring Freedom.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 22 August 2005 through 16 January 2006. 

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who 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 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 and establishes standardized policy for preparation of the DD Form 214.  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 for preparation of the DD Form 214.  It states 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)" in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service in Iraq has been carefully examined and found to have merit.

2.  The evidence of record is ambiguous regarding the applicant's actual dates of service in Iraq.  DFAS records indicate the applicant was deployed to Kuwait from 22 August 2005 through 16 January 2006.  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, as supported by the information the applicant provides, is accepted as sufficient evidence with which to amend item 18 of the his DD Form 214 to show he served in Kuwait/Iraq from 22 August 2005 to 16 January 2006.

4.  The evidence shows he completed a qualifying period of service for entitlement to the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show award of the Iraq 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: 

   a.  adding award of the Iraq Campaign Medal with two bronze service stars  to his DD Form 214 and

	b.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20050822-20060116" 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)                                         AR20130020490





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ABCMR Record of Proceedings (cont)                                         AR20130020490



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