IN THE CASE OF:  	  

		BOARD DATE:  13 November 2014	  

		DOCKET NUMBER:  AR20140005156 


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 in Iraq and award of the Iraq Campaign Medal (ICM).

2.  The applicant states he deployed with his unit to Iraq in support of Operation Iraqi Freedom (OIF).  He served as the First Sergeant (1SG), Headquarters and Headquarters Company (HHC), 3rd Battalion, 67th Armor Regiment (3-67th AR).

3.  The applicant provides copies of his –

* Enlisted Record Brief (ERB)
* DD Form 214
* two DA Forms 2166-8 (NCO (Noncommissioned Officer) Evaluation Reports (NCOER))

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 Regular Army (RA) on 19 June 1987.  He was awarded military occupational specialty 11B (Infantryman).  Through a series of reenlistments, he continued to serve in the RA.  He was promoted to the rank of master sergeant/pay grade E-8 on 1 October 2004.

3.  The applicant's ERB shows in –

* section I (Overseas Deployment Combat Duty) –

* Korea from 13 October 1987 through 20 October 1988
* Iraq from 25 August 1990 through 7 April 1991 
* Korea from 1 April 1992 through 2 May 1993
* Korea from 17 June 1998 through 29 September 1999

* section VIII (Awards and Decorations), in pertinent part, the ICM

4.  The applicant's DD Form 214 shows he was honorably retired from active duty on 30 April 2008 based upon sufficient service for retirement.  He had completed 20 years, 10 months, and 12 days of total active service.

   a.  Item 12 (Record of Service), block f (Foreign Service), shows 4 years,
0 months, and 6 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show the ICM.

	c.  Item 18 (Remarks) shows his service in Southwest Asia from 3 October 1990 to 31 March 1991; it does not show his service in Iraq in support of OIF.

5.  In support of his application the applicant provides two of his NCOERs, covering the period 1 January 2005 through 31 December 2006, that show, in pertinent part, he served as 1SG, HHC, 3-67th AR, at Camp Rustimaya, Iraq, and also at Fort Hood, TX.  His areas of special emphasis included, in part, OIF 05-07 Railroad Operation; OIF 05-07 Deployment, Forward Operating Base (FOB) Hope Transfer Authority; and FOB Hope Force Protection.

6.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion from 11 December 2005 through 27 November 2006 for Kuwait.
7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The ICM is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq and 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.

	a.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

   b.  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, participation credit was awarded for the following campaigns –

* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)

8.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f, enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	c.  item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas service in Iraq in support of OIF and award of the ICM.

2.  The evidence of record shows the applicant had four previous deployments/ periods of overseas service that totaled 4 years and 6 days of foreign service.
3.  The evidence of record also shows the applicant received HFP/IDP for his service in support of OIF from 11 December 2005 through 27 November 2006.  

   a.  A computation of this period of overseas service shows the following:

	2006  11  27	date of redeployment from Iraq (OIF)
	- 2005  12  11	date of deployment to Iraq (OIF)
	=     00  11  16
	+                   1	day inclusive
	=     00  11  17	or 11 months and 17 days of foreign service (OIF)

   b.  A computation of the total foreign service for these five periods shows:

	04  00  06		foreign service (from item 12f, DD Form 214)
	+     00  11  17		Iraq (OIF)
	=     04  11  23 		or 4 years, 11 months, 23 days total foreign service

   c.  Thus, item 12f and item 18 of the applicant's DD Form 214 should be corrected to show the total amount and period of his foreign service in Iraq.

4.  The applicant's service in support of OIF in Iraq from 11 December 2005 through 27 November 2006 qualified him for award of the ICM and his ERB shows he was authorized the ICM.
   
   a.  The evidence of record also shows he served in Iraq during the Iraqi Governance and National Resolution campaigns.

   b.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars. 

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards, as recommended below.

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:

   a.  deleting the entry "0004  00  06" from item 12f of his DD Form 214 and adding the entry "0004  11  23";

	b.  adding to item 13 of his DD Form 214 the "Iraq Campaign Medal with 
2 bronze service stars"; and

	c.  adding to item 18 of his DD Form 214 the statement "SERVICE IN IRAQ 20051211-20061127."




      _______ _   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)                                         AR20140005156



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ABCMR Record of Proceedings (cont)                                         AR20140005156



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