BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130021069 


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), ending on 29 July 2008 to show his service in Kuwait/Iraq.

2.  The applicant states his Iraq service is omitted from the Remarks section of his DD Form 214. 

3.  The applicant provides 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's records show he enlisted in the Regular Army (RA) on 9 February 2006 and he held military occupational specialty 52C (Utility Equipment Repairer).  

3.  He reenlisted in the RA on 27 July 2007.  His DD Form 4 (Enlistment/Reenlistment Document) shows the place of reenlistment as 546th Maintenance Company, Army Post Office 09331, which was located in Iraq. 

4.  Permanent Order (PO) Number 094-24, issued by Headquarters, 82nd Sustainment Brigade, Tallil, Iraq on 4 April 2007, awarded him the Army Achievement Medal for meritorious service in support of Operation Iraqi Freedom (OIF) 06-08, from 28 September 2006 to 27 September 2007. 

5.  He was processed for separation under the provisions of chapter 14 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).  He was discharged from active duty on 14 March 2004 with a general discharge.  His DD Form 214 shows the following entries:

* block 12f (Foreign Service) – the entry "0000-00-00"
* block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon
* Item 18 (Remarks) no service in a hostile file/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE)

6.  The Defense Finance and Accounting Service, Indianapolis, IN, confirmed by email, dated 5 December 2013, the applicant received HF/IDP and CZTE from 29 September 2006 to 15 September 2007 for service in Kuwait.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Iraq Campaign Medal is awarded to members who served in direct support of OIF.  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 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 to 31 December 2011)

8.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  A U.S. Army Human Resources Command (USAHRC) Military Awards Branch web page for Frequently Asked Questions, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  It states, "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseastour credit is outlined in Army Regulation 614-30 (Overseas Service).  A clarification statement provided by the proponent states Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army awards equivalent credit for periods of change of station/tour of duty."

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states that for block 18, for a Reserve Component Soldier deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Achievement Medal for service in support of OIF from September 2006 to September 2007.  He also executed a reenlistment in Iraq.  His pay records confirm he received HFP/IDP and CZTE for service in Kuwait from 29 September 2006 to 15 September 2007.  Therefore, it is clear he served in Kuwait/Iraq and his DD Form 214 should be corrected to:

* Reflect 11 months and 18 days of foreign service in item 12f 
* Reflect the dates of deployment to Kuwait/Iraq from 29 September 2006 to 15 September 2007 in item 18

2.  He completed 11 months and 18 days of foreign service in Kuwait/Iraq, which qualifies him for entitlement to the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.

3.  PO awarded him the Army Achievement Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

4.  His service in Kuwait/Iraq from 29 September 2006 to 15 September 2007 qualifies him for award of the Iraq Campaign Medal.  Additionally, he served through two campaigns (National Resolution (16 December 2005-9 January 2007) and Iraqi Surge (10 January 2007-31 December 2008)) during his tour in Iraq.  Therefore, he is also entitled ot two bronze service stars to be affixed to the Iraq Campaign Medal and correction of his DD Form 214 as such.

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 "0000-00-00" and adding the entry "0000-11-18"
* adding to item 13 of his DD Form 214 the Army Achievement Medal, Overseas Service Ribbon, and Iraq Campaign Medal with two bronze service stars
* adding to item 18 of his DD Form 214 the "Service in Kuwait/Iraq 20060929-20070915"



      _______ _   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)                                         AR20130021069





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ABCMR Record of Proceedings (cont)                                         AR20130021069



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