IN THE CASE OF:  	  

		BOARD DATE:  23 October 2014	  

		DOCKET NUMBER:  AR20140004807 


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 foreign service performed in support of Operation Iraqi Freedom (OIF).

2.  The applicant states:

	a.  his deployment to Iraq with Headquarters and Headquarters Service, 6th Battalion, 27th Field Artillery Regiment, in 2003 is not shown on his 
DD Form 214;

   b.  his return from Iraq without his unit to begin retirement processing may have caused the omission of his service in OIF from his DD Form 214; and
   
   c.  he has a noncommissioned officer evaluation report (NCOER) evidencing his participation in OIF and a Bronze Star Medal (BSM) he received for the same.

3.  The applicant provides:

* DA Form 2166-8 (NCOER) dated 27 June 2003
* DA Form 638 (Recommendation for Award)


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.  Records show the applicant enlisted in the Regular Army on 24 June 1983.  He was trained in and served in the "13" series career management field as a Fire Support Specialist (13F) and a Field Artillery Senior Sergeant (13Z).

3.  His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) that he served in the following foreign areas as indicated:

Location
Period
Duration
Hawaii
19931024 – 19850815
1 year, 9 months, 22 days
Korea
19871005 – 19880106
1 year and 2 days
Germany
19901030 – 199310014
2 years, 11 months, 15 days
4.  On 30 November 2003, the applicant was retired from active duty after having 20 years, 5 months, and 7 days service of which 5 years, 9 months, and 9 days was foreign service.  Item 18 (Remarks) does not include an entry to show the applicant ever served in support of OIF.

5.  Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire pay and imminent danger pay for service in Kuwait during the period 8 April through 21 June 2003.  This deployment period totals 2 months and 14 days service.  His DA Form 638 shows his “Truly outstanding performance during combat…”

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-17 of the awards regulation states that the Iraq Campaign Medal (ICM) is awarded for service in direct support of Operation Iraqi Freedom on or after 19 March 2003 to 31 December 2011.  This award may be authorized for any individual.  A bronze service star was authorized for wear with the ICM for participation in the following campaigns:

* Liberation of Iraq/19 March 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 June 2004 

	b.  Paragraph 2-19 contains guidance for award of the GWOTSM.  All Soldiers on active duty having served 30 consecutive or 60 nonconsecutive days are authorized award of the GWOTSM.

7.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, enter all awards and decorations for all periods of service and each entry will be verified by the Soldier's records; and

	c.  item 18 for an active duty Soldier deployed to a foreign country 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DFAS record corroborates his claim of foreign service in support of OIF.  It confirms he completed 2 months and 14 days of service in Kuwait from 8 April to 21 June 2003.  His DA Form 638 indicates he was in combat.  Item 12f of his DD Form 214 does not reflect this service in the 5 years, 9 months, and 9 days currently listed in this entry.  Therefore, it should be amended to add his service in Kuwait/Iraq to show 5 years, 11 months, and 23 days foreign service.

2.  In addition, based on the applicant's 2 months and 14 days of service performed in support of OIF in Kuwait/Iraq he is authorized both the ICM with the bronze service stars and the GWOTSM.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Finally, by regulation, item 18 of the DD Form 214 will include active duty Soldiers foreign deployments to foreign countries with their units.  Accordingly, the applicant's DD Form 214 should be corrected to show the entry "SERVICE IN KUWAIT/IRAQ FROM 20030408-20030621" in item 18.

BOARD VOTE:

____X___  ____X___  ____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 by:

	a.  deleting the current entry from item 12f and replacing it with the entry "0005  11  23";

	b.  adding the Iraq Campaign Medal with two bronze service stars and Global War on Terrorism Service Medal; and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030408-20030621" to item 18.




      _______ _   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)                                         AR20140004807





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ABCMR Record of Proceedings (cont)                                         AR20140004807



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