IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140013005 


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 foreign service in Iraq and Afghanistan and to add the Iraq Campaign Medal with service stars and the Afghanistan Campaign Medal with service stars.  

2.  The applicant states his records were not properly updated to reflect his foreign service.

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award), dated 22 May 2006
* North Atlantic Treaty Organization (NATO) Travel Orders and Orders Number 309-047, dated 5 November 2007

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 29 June 2005, held military occupational specialty 13B (Cannon Crewmember) and attained the rank/grade of specialist (SPC)/E-4.  

3.  He was honorably released from active duty on 1 July 2009.  His DD Form 214 shows in:

	a.  Item 12c (Net Active Service This Period), he completed 4 years and 3 days of net active service.  

	b.  Item 12f (Foreign Service), the entry "0000  00  00," indicating he was not credited with the completion of any foreign service.

	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

	d.  Item 18 (Remarks) does not list any foreign service in Kuwait, Iraq, or Afghanistan.

4.  His Enlisted Record Brief (ERB) does not list any foreign service.

5.  The Defense Finance and Accounting Service (DFAS) provided an email transmission, dated 15 August 2014, which confirmed the applicant received hostile fire pay, imminent danger, and combat zone tax exclusion for service in Afghanistan from 20 October 2007 to 28 February 2009.  They provide no record that he served in Iraq.

6.  He provided a DA Form 638, dated 22 May 2006, which shows:

* he was recommended for award of the Army Commendation Medal for service during the period 18 November 2005 to 28 October 2006
* he was assigned to Battery A, 1st Battalion, 377th Field Artillery Regiment (AASAULT), Al Asad Air Base, Iraq
* Permanent Orders Number 06-149-25, issued by Headquarters, 64th Corps Support Group, Al Asad Air Base, Iraq on 29 May 2006, awarded him the Army Commendation Medal (1st Award)

7.  He provided NATO Travel Orders and Orders Number 309-047, issued by Headquarters, U.S. Army Garrison, Fort Bragg, NC on 5 November 2007.  These orders are group travel orders that show his unit was expected to depart Fort Bragg, NC and proceed to Kuwait, and then to Afghanistan.  The date of departure was 21 December 2007 and the expected date of return was 21 March 2009.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members who 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.  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.  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.  Approved campaigns are:

* Liberation of Afghanistan (11 September 2001 – 30 November 2001)
* Consolidation I (1 December 2001 – 30 September 2006)
* Consolidation II (1 October 2006 – 30 November 2009)
* Consolidation III (1 December 2009 – 30 June 2011)
* Transition I (1 July 2011 – date to be determined)
9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service in Iraq and Afghanistan, and to add the Iraq and Afghanistan Campaign Medals with appropriate service stars, was carefully considered.  

2.  The applicant provided a DA Form 638, covering the period 18 November 2005 through 28 October 2006, which awarded him the Army Commendation Medal in support of his service in Iraq.  The DA Form 638 is annotated with a permanent order number, making it a legitimate source document to substantiate his period of service in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show he served in Iraq during the period 18 November 2005 through 28 October 2006, a period of 11 months and 11 days, and to show he was awarded the Army Commendation Medal and he is authorized the Iraq Campaign Medal with two bronze service stars.

3.  DFAS confirmed his receipt of hostile fire pay, imminent danger, and combat zone tax exclusion for service in Afghanistan during the period 20 October 2007 through 28 February 2009, a period of 1 year, 4 months, and 9 days.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service, and to show he is authorized the Afghanistan 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 amending his DD Form 214 by:

	a.  adding to item 12f the entry "0002  03  20";

	b.  adding to item 13 the Afghanistan Campaign Medal with one bronze service star, the Iraq Campaign Medal with two bronze service stars, and the Army Commendation Medal; and 

	c.  adding to item 18 the entries:

* "SERVICE IN IRAQ FROM 20051118 – 20061028"
* "SERVICE IN AFGHANISTAN FROM 20071020 – 20090228"





      _______ _   _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)                                         AR20140013005



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ABCMR Record of Proceedings (cont)                                         AR20140013005



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