IN THE CASE OF:  	  

		BOARD DATE:  21 May 2015	  

		DOCKET NUMBER:  AR20140015603 


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 award of the Iraq Campaign Medal (ICM).

2.  He states this award is missing from his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  He provides his Army Achievement Medal and a Statement of Service.

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 21 March 2007.

3.  His Enlisted Record Brief (ERB), dated 1 October 2012, shows in Section VIII (Awards and Decorations) that he was awarded the ICM with Campaign Star (CS).

4.  Section IX (Assignment Information) of his ERB, shows he was assigned to Korea from 31 October 2007 to 9 October 2008 (11 months and 9 days).

5.  On 15 April 2013, he was honorably released from active duty upon completion of his required active service.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 11 months and 9 days of foreign service.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal 
* Global War on Terrorism Service Medal
* Korean Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (OSR)
* Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp (2nd Award)

7.  Item 18 (Remarks) of his DD Form 214 does not contain an entry indicating service in Iraq.

8.  The Defense Finance and Accounting Service (DFAS) confirmed that he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 January to 31 December 2009 (1 year).

9.  He provides a Statement of Service, certifying that the 664th Ordnance Company performed duties in support of Operation Iraqi Freedom and the Soldiers listed on the attachment, which includes the applicant, were authorized the:

	a.  OSR for service in the Central Command Area of Operation from 
January 2009 to December 2009 and

	b.  ICM with CS for his participation in the National Resolution campaign.  It is noted that the campaign periods were subsequently amended.

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

	a.  ICM is awarded to members who have served in direct support of Operation Iraqi Freedom.  The ICM 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.  His service coincides with the Iraqi Sovereignty Campaign (1 January 2009 - 31 August 2010).

	b.  OSR is awarded for successful completion of overseas tours.  Soldiers who served a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status within a 24-month period get credit for a completed short tour.

11.  Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established the standardized policy for the preparation of the DD Form 214.  It stated for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered and

	b.  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 indicate the applicant was deployed to Kuwait from 1 January to 31 December 2009.  At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country.  This information is accepted as sufficient evidence with which to amend item 18 of the his DD Form 214 to show he served in Kuwait/Iraq from 1 January to 31 December 2009 and thereby add a period of 1 year of foreign service to item 12f of his DD Form 214.

2.  Based on his accepted dates of service in Kuwait/Iraq, he is authorized the ICM with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  The applicant served a qualifying period in Kuwait/Iraq for award of the OSR and it appears he was already-authorized the OSR for his tour in Korea.  As such, it would be appropriate to amend his DD Form 214 to show the OSR (2nd 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 amending his DD Form 214 as follows:

   a.  deleting the current entry from item 12f and replacing it with the entry "0001  11  09";

	b.  adding award of:

* Iraq Campaign Medal with one bronze service star
* Overseas Service Ribbon (2nd Award)
	
   c.  adding in item 18: "SERVICE IN KUWAIT/IRAQ FROM 20090101-20091231."




      _______ _   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)                                         AR20140015603





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140015603



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1