IN THE CASE OF:  	  

		BOARD DATE:  6 March 2015	  

		DOCKET NUMBER:  AR20140009747 


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 final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service.  He also requests that his final orders that show he retired in the grade of chief warrant officer two (CW2/W-2) and his percentage of disability was 100 percent be added to his records.

2.  The applicant states that:

* his previous DD Forms 214 have reflected overseas service
* his final orders have never been added to his Official Military Personnel File (OMPF) at the U.S. Army Human Resources Command 

3.  The applicant submitted:

* one DD Form 214 (Report of Separation from Active Duty)
* two DD Forms 214 (Certificate of Release or Discharge From Active Duty)
* U.S. Army Installation Management Command Orders 311-0260, dated 
6 November 2012

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 U.S. Army Reserve (USAR) and was ordered to active duty for training on 17 February 1978.  He was released from active duty on 20 July 1978.  Item 12f (Foreign and/or Sea Service This Period) shows "0 (years), 0 (months), 0 (days)" of overseas service.

3.  On 20 March 1987, he enlisted in the North Carolina Army National Guard and served until he was honorably discharged and was ordered to active duty as a commissioned or warrant officer on 9 June 1990.  Item 12f (Foreign Service) of this DD Form 214 shows "1 (year), 10 (months), 27 (days)" of foreign service. 

4.  On 9 May 1990, he was appointed as a warrant officer in the USAR and ordered to active duty on the same date.  He served until he was released from active duty on 25 December 1992.  Item 12 of this DD Form 214 shows "00 (years), 00 (months) 00 (days)" of foreign service.

5.  Orders Number:

	a.  011-095, dated 11 January 2009, show he was ordered to active duty in an enlisted status in the NCARNG in support of Operation Iraqi Freedom and ordered to report to:

		(1)  Morrisville, NC on 13 January 2010; and 

		(2)  Fort Benning, GA on 16 January 2010.

	b.  BN-018-0011, dated 18 January 2010, show he was deployed in a temporary change of station status in support of Operation Iraqi Freedom in Balad, Iraq, effective 22 January 2010.

	c.  A-02-002863, dated 15 February 2010, show he was reassigned to the Womack Army Medical Center, Fort Bragg, NC, for the purpose of Medical Evacuation of Reserve Component Soldiers for continued medical care, effective 15 February 2010.



6.  The DD Form 214 he was issued shows he served until he was retired due to disability, temporary (enhanced) on 2 January 2013.  The DD Form 214 he was issued shows in:

	a.  item 4a (Grade, Rate or Rank) shows the entry staff sergeant (SSG);

	b.  item 4b (Pay Grade) the entry E06;

	c.  item 12f shows the entry "00 (years), 00 (months), 00 (days)" of foreign service;

	d.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal (2d award), Army Good Conduct Medal (2nd Award), National Defense Service Medal with bronze service star, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Armed Forces Reserve Medal with "M" Device, Senior Aircraft Crewman Badge Senior, and Basic Aviation Badge; and

	e.  item 18 (Remarks) of his DD Form 214 does not show he served in Iraq in support of Operation Iraqi Freedom.

7.  The applicant's OMPF contains the last set of orders issued to the applicant, Orders Number 311-0260, dated 6 November 2012, which show he was retired in the rank/grade of CW2/W-2, effective 2 January 2013, and placed on the Temporary Disability Retired List, effective 3 January 2013.  This order also shows he received a 100 percent disability rating.  Therefore, no further action is required and this issue will not be discussed any further in this Record of Proceedings.

8.  The Defense Finance and Accounting Service was unable to confirm that the applicant received hostile fire pay/imminent danger pay and combat-zone tax exclusion for service in Iraq during the period 13 January 2010 to 2 January 2013.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Iraq Campaign Medal was authorized for:

	a.  30 consecutive or 60 nonconsecutive days of service in Iraq from19 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)

	b.  participation in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows he served overseas for 24 days during his last period of service.  Therefore, item 12f of his DD Form 214, dated 2 January 2013, should be corrected to show "00 (years), 00 (months), 24 (days)."

2.  Evidence of record shows he was TCSd to Iraq for a period of less than     
30 days.  However, evidence of record also shows he was medically evacuated.  Therefore, he is entitled to correction of his record to show award of the Iraq Campaign Medal with one bronze service star for his participation in the Iraqi Sovereignty campaign.

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 from item 12 of his DD Form 214, dated 2 January 2013, the entry "00  00  00";

	b.  adding to item 12f of his DD Form 214, dated 2 January 2013, the entry  "00  00  24"; and

	c.  adding to item 13 of his DD Form, dated 2 January 2013, the Iraq Campaign Medal with one bronze service star.



      _______ _  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)                                         AR20140009747





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