IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140012573 


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:

* award of the Combat Infantryman Badge
* the Iraq Campaign Medal 
* his service in Iraq

2.  The applicant states he participated in combat action against the enemy in both Iraq and Afghanistan, but he was not awarded the Combat Infantryman Badge nor is the Iraq Campaign Medal documented on his DD Form 214.  He was assigned to Company B, 2nd Battalion, 12th Infantry Regiment.  He earned the Combat Infantryman Badge and Iraq Campaign Medal with honor.

3.  The applicant provides no additional evidence.

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 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 18 September 2006.  He was awarded military occupational specialty 11B (infantryman).  

3.  Permanent Orders (PO) Number 325-020, issued by Headquarters, Multi-National Division (Baghdad), Camp Liberty, Iraq on 21 November 2007, awarded him the Combat Infantryman Badge for participating in ground combat under enemy hostile fire on 5 May 2007.  

4.  He was released from active duty on 7 August 2010.  He was credited with completing 3 years, 10 months, and 20 days of active service.  His DD Form 214 lists in:

* Item 8 (Last Duty Assignment and Major Command) – Company B, 2nd Battalion, 12th Infantry Regiment
* Item 12f (Foreign Service) – 11 months and 10 days
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – 

* Afghanistan Campaign Medal with 1 bronze service star
* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization Medal

* Item 18 (Remarks) – Service in Afghanistan from 7 June 2009 through 16 May 2010

5.  His Enlisted Record Brief does not list his Kuwait/Iraq service.  Section VIII (Awards and Decorations) lists the same awards that are listed on his DD Form 214.

6.  The Defense Finance and Accounting Service (DFAS) verified that in addition to the period of Afghanistan service that is listed on his DD Form 214, he received hostile fire and imminent danger pay for service in Kuwait from 14 April through 30 December 2007.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 12f - would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 13 - would list all awards for all periods of service
* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active duty, list the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

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

   a.  The Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom from 19 March 2003 through 31 December 2011.  Campaign participation during his period of service in Iraq included Iraqi Surge (10 January 2007-31 December 2008).

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

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Combat Infantryman Badge on 5 May 2007.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Item 18 of the applicant's DD Form 214, dated 7 August 2010, shows he served in Afghanistan from 7 June 2009 through 16 May 2010 and item 12f shows this period of foreign service equals 11 months and 10 days.

3.  DFAS confirms the applicant had a second period of foreign service from 
14 April through 30 December 2007 (8 months and 16 days) in addition to his 
service in Afghanistan and that foreign service was performed in Kuwait.  
However, at the time, he would have been processed into the theater of operations through Kuwait and this is likely why DFAS records show he served in Kuwait.  Additionally, he was awarded the Combat Infantryman Badge for participating in ground combat in support of Operation Iraqi Freedom on 5 May 2007.  This information and the DFAS confirmation of his service in Kuwait are accepted as sufficient evidence to correct item 18 of his DD Form 214 to show he served in Kuwait/Iraq from 14 April through 30 December 2007.

4.  His Afghanistan service and Kuwait/Iraq service when added together equals 1 year, 7 months, and 25 days.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show this foreign service. 

5.  He also completed a qualifying period of service for award of the Iraq Campaign Medal with 1 bronze service star.  He is entitled to correction of his DD Form 214 to show this 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:

* deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0001-07-25"
* adding to item 13 of his DD Form 214 the Combat Infantryman Badge, and Iraq Campaign Medal with 1 bronze service star
* adding to item 18 of this DD Form 214 the entry "Service in Kuwait/Iraq:  20070414-20071230"



      _______ _   _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)                                         AR20140012573



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ABCMR Record of Proceedings (cont)                                         AR20140012573


   
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