IN THE CASE OF:	

		BOARD DATE:	 17 July 2014 

		DOCKET NUMBER:  AR20130020972 


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 his second tour in Iraq and all associated awards and decorations.  

2.  The applicant states he was deployed to Iraq with Company E, 1st Battalion, 22nd Infantry, 4th Infantry Division, from 13 December 2005 to 26 June 2006.  He was shipped out of theater due to mental health issues.  Since he did not return with his unit, his records were never updated to reflect his second combat tour.  He was also not issued the decorations he earned during this deployment.  He would like this administrative oversight corrected. 

3.  The applicant provides:

* DD Form 214
* Pre-Deployment Health Assessment
* Individual Medical Readiness Summary
* Vaccination Records
* Consultation Sheet
* Medical appointment memorandum
* Post-Deployment Health Reassessment

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's records show he enlisted in the Regular Army on 20 March 2003 and he held military occupational specialty 21B (Combat Engineer).  He was assigned to Fort Hood, TX. 

3.  In August 2006, he was processed for separation under the provisions of chapter 5, Army regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of physical/mental condition, not a disability. 

4.  He was honorably released from active duty on 25 August 2006.  His 
DD Form 214 shows in: 

* block 12f (Foreign Service) – the entry "0000-07-01"
* block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Overseas Service Ribbon
* Item 18 (Remarks), in pertinent part, Service in Iraq "20030916-20040416" 

5.  The Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirmed by email, dated 11 December 2013, he received hostile fire/imminent danger pay and combat zone tax exclusions for service in Kuwait from              16 September 2003 to 8 March 2004 and 15 December 2005 to 30 June 2006. 

6.  The applicant provides multiple medical documents that confirm he served with the 1st Battalion, 22nd Infantry Regiment, in Iraq.  He arrived in theater on 13 December 2005 and departed theater on 26 June 2006. 

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal. 

	b.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom to qualify for award of the Global War on Terrorism Expeditionary Medal.  

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 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)

	d.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:
* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 18 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 YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

The applicant deployed to Iraq on two separate occasions.  He first deployed from 16 September 2003 to 16 April 2004, a period of 7 months and 1 day.  His foreign service and combat deployment are listed in items 12f and 18 respectively.  However, he also served in Kuwait/Iraq from 15 December 2005 to 30 June 2006 (per his pay records).  Based on his second deployment: 

	a.  Item 12f of his DD Form 214 should be corrected to capture his second period of foreign service of 6 months and 16 days which when added to his previous 7 months and 1 day, yields a total of 1 year, 1 month, and 17 days of foreign service.

	b.  Item 18 of his DD Form 214 should be corrected to add his second deployment to Kuwait/Iraq from 20051215 to 20060630.

	c.  Based on his first deployment (16 September 2003 to 16 April 2004), he is authorized award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this award. 

	d.  Based on his second deployment (15 December 2005 to 30 June 2006), he is authorized award of the Iraq Campaign Medal which is already listed on his DD Form 214.  However, he also participated in one campaign during his second tour.  Therefore, he is entitled to a bronze service star to be affixed to his already-awarded Iraq Campaign Medal. 

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:

* deleting from item 12f of his DD Form 214 the entry "0000-07-01" and adding the entry "0001-01-17"
* adding to item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal and a bronze service star to be affixed to the Iraq Campaign Medal
* adding to item 18 of his DD Form 214 the additional deployment entry "Service in Kuwait/Iraq 20051215-20060630"



      _______ _   ___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)                                         AR20130020972



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ABCMR Record of Proceedings (cont)                                         AR20130020972



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