IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140001506
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 amendment of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 October 2007, to read:
* Service in Kuwait/Iraq from 24 February 2003 through 22 February 2004
* Service in Iraq from 15 August 2005 through 15 August 2006
2. The applicant states upon his processing through the Fort Campbell Transition Retirement Center information was transferred incorrectly from his records to his final DD Form 214 of his deployments to Iraq. He would like his DD Form 214 corrected to show his total deployments while serving on active duty.
3. The applicant provides copies of his Officer Record Brief and 1992 and 2007 DD Forms 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 10 January 1986. He was honorably discharged on 30 September 1992 for the purpose of entering on active duty as an Active Guard Reserve Warrant Officer. He entered active duty on 1 October 1992.
3. He served continuously on active duty through various assignments until he was retired on 31 October 2007. His DD Form 214 lists in:
* Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:
* Bronze Star Medal
* Meritorious Service Medal (4th Award)
* Army Commendation Medal (4th Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Service Medal
* Iraq Campaign Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2)
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* North Atlantic Treaty Organization Medal
* Item 18 Service in:
* Bosnia: 19960311-19961206 and 19971001-19980311
* Kuwait/Iraq: 20030224-20040222
4. On 24 February 2014, the Defense Finance and Accounting Service verified the applicant received hostile fire and imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in:
* Kuwait/Iraq from 24 February 2003 through 18 February 2004
* Kuwait/Iraq from 28 August 2005 through 15 August 2006
5. Army Regulation 635-5 (Separation Documents) at the time governed the preparation of the DD Form 214. The regulation states for item 18 - for active duty Soldiers deployed with their units during their continuous period of active duty, will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Iraq Campaign Medal is authorized for service in direct support of OIF from on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom. Campaign participation included:
* Iraqi Governance 29 June 2004 through 15 December 2005
* National Resolution 16 December 2005 through 9 January 2007
b. Bronze service stars are worn on campaign and service medals to denote participation in a named campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant was retired on 31 October 2007. He was issued a DD Form 214 showing he served in:
* Bosnia from 11 March through 6 December 1996
* Bosnia from 1 October 1997 through 11 March 1998
* Kuwait/Iraq from 24 February 2003 through 22 February 2004
2. DFAS verified he also served in Kuwait/Iraq from 24 August 2005 through 15 August 2006. Therefore, he is entitled to correction of item 18 of his DD Form 214 ending on 31 October 2007 to show this service.
3. He completed a qualifying period of service in Iraq from August 2005 to August 2006 for award of two bronze service stars to be added to his already-awarded Iraq Campaign Medal. Therefore, he is entitled to correction of this DD Form 214 to show these 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:
* adding to item 18 of the applicant's DD Form 214 ending on 31 October 2007 the entry, "Service in Kuwait/Iraq: 20050824-20060815"
* deleting from his 2007 DD Form 214 the Iraq Campaign Medal
* adding to his 2007 DD Form 214 the Iraq Campaign Medal with two bronze service stars
___________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) AR20140001506
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001506
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