IN THE CASE OF:  	  

		BOARD DATE:  16 December 2014	  

		DOCKET NUMBER:  AR20140008149 


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 any award for this service. 

2.  The applicant states his DD Form 214 does not reflect his service in Iraq and he did not receive an award for his service during his deployment.

3.  The applicant provides his DD Form 214; his Enlisted Record Brief; a DD Form 2796 (Post-Deployment Health Assessment; a Standard Form (SF) 500 (Chronological Record of Medical Care); and four Leave and Earnings Statements for 1-30 June 2003, 1-30 November 2003, 1-31 March 2004, and     1-30 June 2004. 

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 9 June 1998.  He was awarded military occupational specialty 74B (information systems operator analyst).

3.  He was released from active duty on 30 June 2004 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 6 years and 22 days of active service.  His DD Form 214 lists in:

* Item 12f (Foreign Service) – 4 months and 27 days
* Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the:

* Army Lapel Button
* Army Achievement Medal
* Global War on Terrorism Service Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* North Atlantic Treaty Organization Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

* Item 18 (Remarks) – Service in:

* Southwest Asia:  20011218-20020211
* Former Yugoslavia

4.  He provided copies of four LESs which show he received hostile fire pay (HFP) and imminent danger pay (IDP) between June 2003 and March 2004.  He also provided copies of his SF 500 denoting a post-deployment blood draw and DD Form 2796 which shows he served in Kuwait/Iraq in support of Operation Iraqi Freedom (OIF) from 31 March 2003 through 10 March 2004.

5.  The Defense Finance and Accounting Service (DFAS) verified the applicant received HFP and IDP for service in:

* Kuwait from 18 December 2001 through 10 February 2002
* Kuwait/Iraq from 31 March 2003 through 5 March 2004

6.  Army Regulation 635-5 (Separation Documents) at the time governed the preparation of the DD Form 214.  It states the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation states Item 18 - for active duty Soldiers deployed with their units will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)."

7.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Iraq Campaign Medal is authorized for service in direct support of OIF from on 19 March 2003 to 31 December 2011.  Campaign participation included:

* Liberation of Iraq - 19 March 2003 through 1 May 2003
* Transition of Iraq - 2 May 2003 through 28 June 2004
* Iraqi Governance – 29 June 2004 through 15 December 2005

   b.  Bronze service stars are worn on campaign and service medals to denote participation in a named campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty on 30 June 2004.  He was issued a DD Form 214 crediting him with 4 months and 27 days of foreign service for his service in Southwest Asia (denoting his service in Kuwait) from 18 December 2001 through 11 February 2002 and the Former Yugoslavia.

2.  DFAS verified that during his period of active duty from June 1998 June 2004 he also served in Kuwait/Iraq from 31 March 2003 through 5 March 2004, a period of 11 months and 6 days.  Therefore, he is entitled to correction of items 12f and 18 of his DD Form 214 to show this service.

3.  He completed a qualifying period of service for award of Iraq Campaign Medal with two bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  There is no evidence and he provided none to show he was recommended for or awarded any personal medals or decorations for his service in Iraq.  Therefore, there in insufficient evidence to support awarding him any personal awards for this deployment.


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:

* deleting from item 12f of his DD Form 214 the entry, "0000-04-27" and replacing it with the entry, "0001-04-03"
* adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two  bronze service stars
* adding to item 18 of this DD Form 214 the entry, "Service in Kuwait/Iraq:  20030331-20040305"

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 adding to his DD Form 214 any personal awards for his service in Iraq.



      _______ _   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)                                         AR20140008149





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ABCMR Record of Proceedings (cont)                                         AR20140008149



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