IN THE CASE OF:	  

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140001242 


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 foreign service in Iraq
* all awards he is entitled to including the Amy Achievement Medal
* his correct total time in the service

2.  The applicant states he served in Iraq but his DD Form 214 does not reflect this.  He was also recommended for the Army Achievement Medal and would like it verified if he was awarded this award.  His DD Form 214 does not accurately reflect his total time in the service.

3.  The applicant provides his Enlisted Record Brief (ERB), orders, and a letter from the Department of Veterans Affairs, dated 25 May 2011.

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 16 May 2005 and he was discharged from the DEP on 23 May 2005 (8 days).

3.  He enlisted in the Regular Army on 24 May 2005 for a period of 4 years and 16 weeks and he held military occupational specialty 11B (Infantryman).  On 28 September 2005, he was assigned to the 1st Battalion, 22nd Infantry Regiment, Fort Hood, TX.  

4.  Permanent Orders (PO) 245-10, dated 2 September 2006, issued by Headquarters, Multi-National Division, Camp Liberty, Iraq, awarded him the Combat Infantryman Badge effective 31 January 2006 for participating in ground combat under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom (OIF).

5.  He was discharged from active duty on 10 September 2007.  He completed 2 years, 2 months, and 20 days of net active service with 27 days of lost time. 

6.  The DD Form 214 he was issued shows the following entries:

* item 12c (Net Active Service this Period) - 0002-02-20
* item 12e (Total Prior Inactive Service) - 0000-00-00
* item 12f (Foreign Service) – 0000-00-00

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Combat Infantryman Badge

8.  Item 18 (Remarks) of this form is void of entries that show he served in the USAR DEP or that he had any foreign service.

9.  Item 29 (Dates of Time Lost During this Period) shows he had lost time from 5 to 7 May 2007 (3 days) and 3 to 26 July 2007 (24 days).

10.  On 18 February 2014, by email, an official with the Defense Finance and Accounting Service (DFAS) verified the applicant received hostile fire/imminent danger pay for service in Kuwait from 15 December 2005 to 5 December 2006 (11 months and 21 days).  

11.  His record is void of orders awarding him the Army Achievement Medal.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the:

	a.  Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  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.  A review of his records shows that during his service in Iraq he participated in one campaign.

	b.  Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  Overseas Service Ribbon is awarded for successful completion of overseas tours.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  It stated:

	a.  In item 12c of the DD Form 214 enter the net active service completed by the service member during the period covered by the DD Form 214.  Dates of time lost will be subtracted from the net active service if the lost time was not "made good."  




	b.  In item 12e, from previously-issued DD Forms 214, enter the total amount of prior inactive service.  DEP time that began on or after 1 January 1985 is not creditable for pay purposes and will not be entered in this block.  However, it is creditable for completing the mandatory service obligation and will be entered in item 18.  If not applicable enter 0000-00-00.

	c.  In item 18, for a Soldier deployed to a foreign country during the period of service covered by the DD Form 214 enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Kuwait/Iraq from 15 December 2005 to 5 December 2006 (11 months and 21 days).  Therefore, he is entitled to the correction of his DD Form 214 to show this foreign service and the dates of his service in Iraq.

2.  He served in Iraq during a qualifying period for award of the Iraq Campaign Medal and the Overseas Service Ribbon.  He participated in one campaign during his service in Iraq.  Therefore, he is entitled to award of the Iraq Campaign Medal with one bronze service star, Overseas Service Ribbon, and correction of his DD Form 214 accordingly.

3.  Item 12c of his DD Form 214 accurately reflects his net active service of 2 years, 2 months, and 20 days.  This includes his service from the date he entered active duty to the date he was discharged (2 years, 3 months, and 17 days) minus his 27 days of lost time.  However, item 18 does not show the dates of his service in the DEP.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

4.  With respect to the Army Achievement Medal, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Achievement Medal.  His record is void of orders showing he was awarded the Army Achievement Medal.  In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Army Achievement Medal.  Therefore, he is not entitled to this portion of the requested relief.






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 amending his DD Form 214 as follows:

* adding to item 12f the entry 0000-11-21
* adding to item 13 the Iraq Campaign Medal with one bronze service star and the Overseas Service Ribbon
* adding to 18 the entries:

* PERIOD OF DELAYED ENTRY PROGRAM:  20050516-20050523
* SERVICE IN KUWAIT/IRAQ FROM 20051215-20061205

2.  The Board further determined 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 the Army Achievement Medal.



      _______ _   _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)                                         AR20130002624



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001242



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1