IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140005246
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 service in Iraq and all associated awards.
2. The applicant states his DD Form 214 does not include his service in Iraq and associated medals.
3. The applicant provides:
* DD Form 214
* Headquarters, 3d Infantry Division (Mechanized) and Fort Stewart, Permanent Orders 296-5, dated 23 October 2002
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 on 22 February 2000.
3. Item 38 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he was assigned to the 10th Engineer Battalion on 20 August 2002.
4. On 22 September 2004, he was honorably discharged due to disability. His DD Form 214 shows he completed 4 years, 7 months, and 1 day of creditable active service. His DD Form 214 also shows in:
* item 12f (Foreign Service) 0000 10 01
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Presidential Unit Citation (PUC) (Army)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Army Lapel Button
* item 18 (Remarks) no deployed service
5. The applicant provided a copy of Headquarters, 3d Infantry Division (Mechanized) and Fort Stewart, Permanent Orders 296-5, dated 23 October 2002, with a list of members assigned to the 10th Engineer Battalion. These orders directed the movement of the applicant's unit to Kuwait effective 23 October 2002.
6. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait during the period 27 October 2002 through 10 August 2003.
7. Department of the Army General Orders (DAGO) Number 2010-22, dated 24 November 2010, awarded the 10th Engineer Battalion the PUC for service in Iraq.
8. His records are void of and he failed to provide any evidence showing he was awarded or recommended for any additional awards and decorations.
9. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 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 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include:
* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
10. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It stated for an active duty Soldier deployed 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)" in item 18.
DISCUSSION AND CONCLUSIONS:
1. DFAS confirmed he received HFP/IDP and CZTE for service in Kuwait/Iraq during the period 27 October 2002 through 10 August 2003. Further, his unit was awarded the PUC. Therefore, based on documentary evidence of his deployment, his DD Form 214 should be corrected to show his deployment to Kuwait/Iraq.
2. The applicant was awarded the Armed Forces Expeditionary Medal, presumably for his service in Kuwait during the period 27 October 2002 through 18 March 2003. His service in Iraq from 19 March through 10 August 2013 qualified him for award of the Iraq Campaign Medal with two bronze service stars. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 adding the following entries to his DD Form 214:
* item 13 Iraq Campaign Medal with two bronze service stars
* item 18 SERVICE IN KUWAIT/IRAQ FROM 20021027-20030810
____________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) AR20140005246
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005246
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