IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140015585 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Iraq.

2.  The applicant states that he served in Iraq and his DD Form 214 does not reflect that service. 

3.  The applicant provides a copy of his 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 30 June 2004 for a period of 3 years and 20 weeks, training in food service operations and assignment to Fort Hood, Texas.  He completed his basic training at Fort Jackson, South Carolina and his advanced individual training at Fort Lee, Virginia before being transferred to Fort Hood.

3.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 15 November 2005 through 14 January 2006 for Kuwait.

4.  The applicant's official military personnel file (OMPF) contains unit counseling forms and medical statements that show he was treated at a 4th Infantry Division (Mechanized) unit health clinic at Forward Operating Base Taji in Iraq.  The applicant was reassigned (date unknown) from Iraq to the 404th Aviation Support Battalion (Rear) at Fort Hood, Texas based on medical disqualification for continued overseas deployment.

5.  On 24 March 2006, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13, due to a personality disorder.  He had served 1 year, 8 months, and 25 days of active service and his DD Form 214 issued at the time of his discharge shows he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal and Army Service Ribbon.  His DD Form 214 does not show any entry for foreign service and further stated a DD Form 215 (Correction to DD Form 214) would be issued to provide missing information.

6.  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 and provides that all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f and for item 18, for an active duty Soldier deployed to a foreign country 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)."

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

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed he received HF/IDP and CZTE for Kuwait during the period 15 November 2005 to 14 January 2006, a period of 2 months.  Documents in his OMPF show he was assigned to 404th Aviation Support Battalion at Forward Operating Base Taji in Iraq.  These facts support the applicant's contention that he had foreign service in Iraq and he is entitled to have this foreign service documented on his DD Form 214.

2.  Additionally, he served during a qualifying period for award of the Iraq Campaign Medal with one bronze service star and is entitled to have that award added to his DD Form 214.

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 the entry “0000  00  00” from item 12f of his DD Form 214
* Adding the entry “0000  02  00” to item 12f of his DD Form 214


* Adding the award of the Iraq Campaign Medal with one bronze service star to item 13 of his DD Form 214
* Adding the entry “Service in Iraq 20051115–20060114” to item 18 of his DD Form 214




      _______ _   _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)                                         AR20140015585



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ABCMR Record of Proceedings (cont)                                         AR20140015585



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