IN THE CASE OF:  

		BOARD DATE:  9 April 2015

		DOCKET NUMBER:  AR20140015158 


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:

* service in Kuwait/Iraq
* award of the Combat Infantryman Badge (CIB)
* service awards and badges

2.  The applicant states his DD Form 214 does not show his overseas service or all of his awards and badges.  He contends that he served in Kuwait/Iraq from 
8 August 2006 to 27 October 2007.

3.  The applicant provides copies of:

* DD Form 214 (Member copy number 4)
* A letter from the Department of Veterans Affairs (VA) (page 6 only)

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.  On 10 August 2004, the applicant enlisted in the Regular Army (RA).  He completed his initial training and was awarded military occupational specialty 11B2P (Infantryman with parachutist qualification).

3.  Orders 347-250, Fort Campbell, Kentucky, dated 12 December 2005, announced the applicant's award of the Air Assault Badge effective 13 December 2005.

4.  Permanent Orders 138-2876, Fort Benning, Georgia, dated 18 May 2006, announced the applicant's award of the Ranger Tab based on completion of Ranger training on or about 26 May 2006.

5.  Permanent Order 011-005D, 25th Infantry Division, dated 11 January 2007, announced the applicant's award of the CIB for active ground combat, to close with and destroy the enemy with direct fire, on 16 December 2006.

6.  Records at the Defense Finance and Accounting Service show the applicant received hazardous fire/imminent danger pay and combat zone tax exemption during the period 10 August 2006 through 25 October 2007 (1 year, 2 months, and 16 days) for service in Kuwait.

7.  A DA Form 4980-14 (Department of the Army Certificate for Award of the Army Commendation Medal (ARCOM)) shows that Permanent Order Number 023-004, 3rd Brigade, 82nd Airborne Division, dated 23 January 2008, announced this personal decoration for meritorious service for the period 9 August 2005 to 4 February 2008.

8.  On 4 February 2008, the applicant was honorably released from active duty.  His DD Form 214 shows in:

	a.  Item 12f (Foreign Service) 0 years, 0 months, and 0 days;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

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

	c.  Item 18 (Remarks) no entries for his deployment to Kuwait/Iraq.

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

	a.  The Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of 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 ICM 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.  Approved campaigns include:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

	b.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.

	c.  According to the Awards Branch at the U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.

	d.  The Army Lapel Button is a gratuitous issue and the eligibility requirements are:  

* transitioning with an honorable characterization of service (those being transferred to another component for completion of military service 
	obligation and those receiving an Honorable Discharge Certificate)
* transitioning under a non-adverse separation provision
* having served a minimum 9 months of continuous service - a break in service is 24 hours or more 
* having had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986 
* retroactive issuance is not authorized

10.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that Item 18 would contain the following entry for RA Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his:

* service in Kuwait/Iraq
* award of the CIB
* service awards and badges

2.  The available evidence shows the applicant was awarded the following personal decoration and badges which should be shown on his DD Form 214:

* ARCOM
* Air Assault Badge
* Ranger Tab
* CIB

3.  The available evidence of record shows that the applicant served in Kuwait/Iraq from 10 August 2006 through 25 October 2007 (1 year, 2 months, and 16 days).  Therefore, his DD Form 214 should show in:

* item 12f 1 year, 2 months, and 16 days
* item 18 "SERVICE IN KUWAIT/IRAQ:  20060810-20071025"

4.  The available evidence shows the applicant's overseas service qualified him for award of the ICM with two bronze service stars and the Overseas Service Ribbon.

5.  The available evidence shows the applicant was honorably released from active duty.  Therefore, he is authorized the Army Lapel button.



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 adding in:

	a.  Item 12f:  1 year, 2 months, and 16 days;

	b.  Item 13:  the Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon, Air Assault Badge, Ranger Tab, Combat Infantryman Badge, and Army Label button; and

	c.  Item 18:  "SERVICE IN KUWAIT/IRAQ: 20060810-20071025."



      ___________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)                                         AR20130006756



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ABCMR Record of Proceedings (cont)                                         AR20140015158



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