IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140014619
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 deployment to Kuwait and Iraq.
2. The applicant states:
* his retirement DD Form 214 does not show his deployment to Kuwait and then to Iraq
* he was deployed from January 2003 to September/October 2003
* he was assigned to the 485th Corps Support Battalion out of Germany at the time
3. The applicant provides:
* Soldier deployment/manifest verification
* DD Form 214
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 1 April 1981 and trained as a mechanic.
3. His records contain an Army Commendation Medal (ARCOM) Certificate which shows he was awarded the ARCOM for meritorious service in support of Operation Iraqi Freedom during the period 19 March 2003 to 31 May 2003 by Headquarters, 16th Corps Support Group, Forward Logistics Base Dogwood, Iraq, Permanent Order Number 152-08, dated 1 June 2003.
4. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from January 2003 to September 2003.
5. On 31 January 2004, he retired in the rank of master sergeant.
6. His DD Form 214 shows he was awarded or authorized the:
* Meritorious Service Medal (2nd Award)
* ARCOM (6th Award)
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal (Somalia)
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 4
* Air Assault Badge
* Driver and Mechanic Badge
7. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 19 January 2003 to 1 September 2003.
8. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 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)
9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The regulation provided that for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. DFAS records, combined with the entry in item 18 of his DD Form 214, confirmed he deployed to Kuwait and Iraq from 19 January 2003 to 1 September 2003. Therefore, item 18 of his DD Form 214 should be corrected to show his service in Kuwait and Iraq from 19 January 2003 to 1 September 2003.
2. As a related issue, based on his service in Iraq and participation in two campaigns, he is authorized award of the Iraq Campaign Medal with two bronze service stars. Therefore, his DD Form 214 should be corrected 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 the evidence presented is 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. adding award of the ICM with two bronze service stars to his DD Form 214 and
b. deleting the entry "SERVICE IN IRAQ--20030119 TO 20030901" from item 18 of his DD Form 214 and replacing it with the entry "SERVICE IN KUWAIT/IRAQ FROM 20030119-20030901."
______________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) AR20140014619
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ABCMR Record of Proceedings (cont) AR20140014619
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