BOARD DATE:	  18 November 2014

		DOCKET NUMBER:  AR20140005476 


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:

   a.  his service in Kuwait/Iraq for the period 6 January to 17 July 2003;

   b.  award of the Army Commendation Medal (1st oak leaf cluster), Iraq Campaign Medal with four bronze service stars, Overseas Service Ribbon with numeral "2," and the Expert Marksmanship Qualification Badge; and 

   c.  his foreign service in item 12f (Foreign Service) as 1 year, 7 months, and 14 days.

2.  The applicant states he wants his DD Form 214 to reflect his service accurately.  He was not deployed for three and a half years.  His first deployment was from 6 January to 17 July 2003 (a period of 7 months and 11 days).  His second deployment was from 12 January 2005 to 15 January 2006 (a period of  1 year and 3 days) for a total of 1 year, 7 months, and 14 days of foreign service.  In addition, his most recent marksmanship qualification prior to his release from active duty was as an expert marksman.

3.  The applicant provides:

* a self-authored statement
* DD Form 214
* photographs
* Permanent Order Number 133-56
* Permanent Order Number 300-107
* 2 DA Forms 4980-14 (Army Commendation Medal Certificate)
* Military Personnel (MILPER) Message Number 11-342
* 2-pages of a screen shot from the U.S. Army Human Resources Command Website
* DA Form 5790-R (Record Firing Scorecard - Scaled Target Alternative Course)

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 1 May 2002.  He completed training and he was awarded military occupational specialty 21B (Combat Engineer).

3.  Permanent Orders Number 300-107, issued by Headquarters, 3rd Brigade,  3rd Infantry Division, dated 27 October 2005, awarded him the Army Commendation Medal (1st oak leaf cluster) for service in support of Operation Iraqi Freedom.

4.  The applicant was released from active duty on 30 April 2006, after completing 4 years of active service.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Presidential Unit Citation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge
* Driver and Mechanic Badge with Driver Tracked Vehicle Bar
* Army Lapel Button
* Basic Marksmanship Qualification Badge
* Iraq Campaign Medal

5.  Item 12f lists his foreign service as "0001 06 06."

6.  Item 18 (Remarks) contains the entry "//SERVICE IN KUWAIT/IRAQ 20030106 - 20060707//SERVICE IN KUWAIT/IRAQ 20050112 - 20060115."

7.  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 8 January through 16 July 2003 (a period of 6 months and 9 days) and from 17 January 2005 through 10 January 2006 (a period of                11 months and 25 days).

8.  The applicant provides a DA Form 5790, dated 14 December 2004 that shows he fired expert on a weapon. 

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 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)
 
10.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded  for successful completion of overseas tours.  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Information received from U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more.

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  

	a.  A qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

	b.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

12.  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.  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 for correction of his DD Form 214 to show his service in Kuwait/Iraq for the period 6 January to 17 July 2003; award of the Army Commendation Medal (1st oak leaf cluster), Iraq Campaign Medal with four bronze service stars, Overseas Service Ribbon with numeral "2," the Expert Marksmanship Qualification Badge with Rifle Bar; and his foreign service in item 12f as 1 year, 7 months, and 14 days has been carefully examined and found to have partial merit. 

2.  Permanent orders awarded him the Army Commendation Medal (1st oak leaf cluster).  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

3.  The applicant's first deployment obviously contains a typographical error.  The applicant states his first deployment was from 6 January to 17 July 2003 (a period of 7 months and 11 days).   DFAS submits he was deployed from             8 January to 16 July 2003 (a period of 6 months and 9 days).  It is reasonable to presume the applicant's dates are correct; however, his math is incorrect.  Service in Kuwait/Iraq is accepted for the period 6 January to 17 July 2003, a period of 6 months and 12 days.

4.  The applicant deployed to Kuwait/Iraq for the periods 6 January to 17 July 2003 and 12 January 2005 to 15 January 2006.  Based on his accepted dates of service in Kuwait/Iraq he is entitled to award of the Iraq Campaign Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show the Iraq Campaign Medal with four bronze service stars.

5.  The evidence shows the applicant served one deployment in Iraq/Kuwait which meets the sufficient amount of time to receive award of only one Overseas Service Ribbon.  Therefore, his record should be corrected to show this award.

6.  The evidence does not support his request for correction of his DD Form 214 to show he was awarded the Expert Marksmanship Qualification Badge.  The  DD Form 214 issued upon his release from active duty on 30 June 2006 shows he was awarded the Basic Marksmanship Qualification Badge: however, he contends and provides a record firing scorecard which indicates he qualified as an expert on his assigned weapon on 14 December 2004.  Weapons qualification is an annual requirement.  His record is void of orders or any other documentation showing he was awarded the Expert Marksmanship Qualification Badge.  In the absence of evidence to the contrary, it is presumed that the Basic Marksmanship Qualification Badge is properly listed on his DD Form 214 based upon his most recent qualification.

7.  With regard to the applicant's foreign service, evidence indicates the applicant was deployed to Kuwait/Iraq for the periods 6 January to 17 July 2003 (a period of 6 months and 12 days) and from 12 January 2005 to 15 January 2006 (a period of 1 year and 4 days).  Therefore, item 12f of his DD Form 214 should be corrected to show 1 year, 6 months, and 16 days of foreign service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0001  06  16";

   b.  deleting the Army Commendation Medal from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214;	

   c.  deleting the Iraq Campaign Medal and the entry "SERVICE IN KUWAIT/IRAQ 20030106 - 20060707" from item 18 of his DD Form 214 and replacing it with the entry "SERVICE IN KUWAIT/IRAQ 20030106 - 20030717"; and

   d.  adding award of the Army Commendation Medal (1st oak leaf cluster), Iraq Campaign Medal with four bronze service stars, and the Overseas Service Ribbon to his DD Form 214.
	
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Overseas Service Ribbon with Numeral "2," the Expert Marksmanship Qualification Badge, and correction of his record to show his foreign service as 1 year, 7 months, and 14 days.  




      _______ _   _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)                                         AR20140005476





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ABCMR Record of Proceedings (cont)                                         AR20140005476



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