BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140012222 


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, in effect, item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 24 October 2007, be corrected to show service in Iraq from "20030816 - 20040401" instead of "20030816 - 20040101."

2.  The applicant states the dates shown are in error.

3.  The applicant provides:

* DD Form 214
* two memoranda for record showing periods of service in Iraq

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 6 September 2001.  After completing initial training, he was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade attained while on active duty was specialist/E-4.

3.  His Enlisted Record Brief (ERB) show he was assigned to the 1st Battalion, 505th Parachute Infantry Regiment during two deployment to Afghanistan for the periods 5 July 2002 to 15 January 2003 and 21 September 2004 to 4 November 2004.  He also deployed with this unit to Iraq for a period shown on the ERB as 16 August 2003 to 1 January 2004.  He has qualifying service for two campaigns:

* Afghanistan, Consolidation I (1 December 2001 to 30 September 2006)
* Iraq, Transition of Iraq (2 May 2003 to 28 June 2004)

4.  His records show he was found by a physical evaluation board (PEB) to have disabilities that did not permit continued military service.  He was honorably discharged on 24 October 2007 and placed on the Temporary Disability Retired List (TDRL) effective 25 October 2007.  

5.  His DD Form 214 shows the following:

* item 12c (Record of Service) total creditable net active service of 6 years, 1 month, and 19 days
* item 12f (Foreign Service) 1 year and 11 months
* item 18 includes the entry "served in designated imminent danger pay area//Service in Afghanistan 20020705-20030115//Service in Iraq 20030816-20040101//service in Afghanistan 20040921-20041104"

6.  On 3 June 2009, a PEB directed the applicant be removed from the TDRL and placed on the Permanent Disability Retired List.  

7.  According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 16 August 2003 to 2 April 2004 for service in Kuwait.

8.  The applicant provides two memoranda which essentially support his contention he served in Iraq until 1 April 2004 rather than 1 January 2004, as shown on his DD Form 214.

9.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards.  It states:

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  

	b.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  

	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 incorrectly shows his deployment to Iraq ending on 1 January 2004.  The entry should instead indicate an end date of on or about 1 April 2004.

2.  In addition to the memoranda he provides, DFAS confirms he served in Iraq until 2 April 2004.  Clearly, an administrative error was made and his DD Form 214 should be corrected accordingly.

3.  His records show he has qualifying service for, and his DD Form 214 should be corrected to reflect, the awards of:

* Global War on Terrorism Expeditionary Medal
* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with one bronze service star

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 the entry in item 18 of his DD Form 214 which states "service in Iraq 20030816-20040101."

	b.  Adding the entry in item 18 of his DD Form 214 to show "service in Iraq 20030816-20040402."

	c.  Adding the following awards to his DD Form 214:

* Global War on Terrorism Expeditionary Medal
* Afghanistan Campaign Medal with one bronze service star
* 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)                                         AR20140012222





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ABCMR Record of Proceedings (cont)                                         AR20140012222



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