BOARD DATE:	  18 November 2014

		DOCKET NUMBER:  AR20140005267 


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 reflect his deployments to Iraq, Kuwait, and Korea.

2.  The applicant states the omission was discovered by the Department of Veterans Affairs (VA) during an appeals hearing to establish eligibility for VA benefits based on his combat service.

3.  The applicant provides the front page of a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report).

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 24 July 1997.

3.  His record contains:

   a.  Permanent Orders 150-06, issued by Headquarters, 3rd Battalion,         69th Armor, Fort Stewart, GA, dated 30 May 1998, which show he was awarded the Driver and Mechanic Badge with Tracked Vehicle Bar.

   b.  Permanent Orders 072-508, issued by Bravo Detachment, 509th Personnel Services Battalion, Korea, dated 13 March 2001, which show he was awarded the Army Good Conduct Medal (1st Award).

   c.  DA Form 1059 (Service School Academic Evaluation Report) which show from 19 November to 19 December 2001, he successfully completed the Primary Leadership Development Course at the Eighth U.S. Army NCO Academy, Korea.

4.  The applicant was honorably discharged on 14 February 2005, after completing 7 years, 6 months, and 21 days of active service.  The narrative reason for his separation was parenthood.  Item 12f (Foreign Service) contains the entry "0000 00 00."  Item 18 (Remarks) states the applicant participated in Operation Enduring Freedom/Iraqi Freedom in Kuwait and Iraq from 22 January to 26 August 2003 (a period of 7 months and 7 days).  This form further shows he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Army Lapel Button
* Global War on Terrorism Service Medal
* NCO Professional Development Ribbon
* Overseas Service Ribbon
* Army Aviator Badge

5.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 19 February to 22 June 1998 (a period of 4 months and     4 days).  

6.  The Joint Federal Travel Regulation, volume I, appendix Q, provides a list of approved tour lengths outside the continental United States.  Unaccompanied tours in Korea are 12 months.  
7.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Army Regulation 600-8-22 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 are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and establishes standardized policy for preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states 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.  The applicant's request to correct his DD Form 214 to reflect his deployments to Iraq, Kuwait, and Korea has been carefully examined.

2.  The available records confirm the applicant was assigned for duty in Korea.  In the absence of evidence showing otherwise, it is reasonable to presume he completed the prescribed 12-month unaccompanied tour in Korea.

3.  The DFAS information is accepted as sufficient evidence with which to amend item 12f and item 18 of the applicant's DD Form 214 to show he served in Kuwait from 19 February to 22 June 1998 (a period of 4 months and 4 days).  Combined with his presumed completion of an unaccompanied 12-month tour of Korea and the applicant's DD Form 214 which already shows he served in Iraq/Kuwait from                    22 January to 26 August 2003 (a period of 7 months and 7 days), item 12f of the applicant's DD Form 214 should be corrected to show he completed 1 year,        11 months, and 11 days of foreign service.

4.  Based on his accepted dates of service in Kuwait/Iraq from 22 January to     26 August 2003, he is entitled to award of the Iraq Campaign Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show the Iraq Campaign Medal with two bronze service stars.

5.  As a related issued, the evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  Further, permanent orders awarded him the Driver and Mechanic Badge with Tracked Vehicle Bar and the Army Good Conduct Medal (1st Award).  Therefore, he is entitled to correction of his DD Form 214 to show this badge and award.

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.  amending item 12f of his DD Form 214 to show 1 year, 11 months and     11 days of foreign service; 

	b.  amending his DD Form 214 to show award of the Driver and Mechanic Badge with Tracked Vehicle Bar, Army Good Conduct Medal (1st Award), Iraq Campaign Medal with two bronze service stars, and the Korea Defense Service Medal; and

   c.  amending item 18 of his DD Form 214 to show "SERVICE IN KUWAIT FROM 19980219 – 19980622."



      
      _______ _ 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)                                         AR20140005267





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ABCMR Record of Proceedings (cont)                                         AR20140005267



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