IN THE CASE OF:	  

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140017604 


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:

* a second deployment in Iraq
* the proper dates of his foreign service in Iraq and Afghanistan
* all of his foreign service
* any awards and decorations to which he may be entitled

2.  The applicant states:

* the dates and locations of his combat service in areas of imminent danger are incorrect
* he served in Iraq from 3 April 2003 to 4 April 2004 and 13 December 2005 to 26 November 2006
* he served in Afghanistan from 27 April 2008 to 16 July 2009
* his service records reflect the pre-deployment and post-deployment time lines and locations
* he was medically screened prior to and leaving each theater of operations

3.  The applicant provides:

* DD Form 214
* DD Form 2795 (Pre-Deployment Health Assessment)
* DD Form 2796 (Post-Deployment Health Assessment)
* immunization records

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 24 January 2002 and trained as a construction equipment repairer.

3.  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 3 April 2003 through 11 March 2004 (total of 11 months and 9 days)
* Kuwait from 12 December 2005 through 29 November 2006 (total of 11 months and 18 days)
* Afghanistan from 27 April 2008 through 16 July 2009 (total of 1 year, 2 months, and 20 days)

4.  He provided a DD Form 2795 and DD Form 2796 which show he served in Iraq in 2004 and 2005.

5.  He was honorably discharged on 19 October 2009 by reason of completion of required active service.

6.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Afghanistan Campaign Medal with two campaign stars
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* North Atlantic Treaty Organization Medal

7.  His DD Form 24 shows in:

* item 12f (Foreign Service) – he completed 2 years of foreign service
* item 18 (Remarks) – he served in Iraq from 3 April 2003 to 2 April 2004 and he served in Afghanistan from 14 December 2005 to 13 December 2006

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 600-8-22 states the Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  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)

10.  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 preparation instructions provided that for:

* item 12f – enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* 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.  The applicant contends he served in Iraq from 3 April 2003 to 4 April 2004 and 13 December 2005 to 26 November 2006.  However, DFAS records, combined with his DD Forms 2795 and 2796, confirmed he deployed to Kuwait/Iraq from 3 April 2003 to 11 March 2004 and 12 December 2005 to 29 November 2006 (total of 1 year, 10 months, and 27 days).  Therefore, item 
18 of his DD Form 214 should be corrected to show his service in Kuwait/Iraq from 3 April 2003 to 11 March 2004 and 12 December 2005 to 29 November 2006.

2.  His DD Form 214 shows he served in Afghanistan from 14 December 2005 to 13 December 2006.  However, DFAS records show he served in Afghanistan from 27 April 2008 to 16 July 2009 (total of 1 year, 2 months, and 20 days).  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Afghanistan from 27 April 2008 to 16 July 2009.

3.  Item 12f of his DD Form 214 shows he completed 2 years of foreign service.  However, based on his service in Iraq and Afghanistan, item 12f should be corrected to show he completed 3 years, 1 month, and 17 days of foreign service.

4.  His DD Form 214 shows award of the Iraq Campaign Medal with one bronze service star.  However, based on his service in Iraq and participation in four campaigns, he is authorized award of the Iraq Campaign Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show these additional bronze service stars.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0003  01  17";

	b.  deleting award of the Iraq Campaign Medal with campaign star from his DD Form 214 and replacing it with the Iraq Campaign Medal with four bronze service stars; and

	c.  deleting the entries "SERVICE IN IRAQ 20030403-20040402" and "SERVICE IN AFGHANISTAN 20051214-20061213" from item 18 of his DD Form 214 and replacing them with the following entries:

* "SERVICE IN KUWAIT/IRAQ FROM 20030403-20040311"
* "SERVICE IN KUWAIT/IRAQ FROM 20051212-20061129"
* "SERVICE IN AFGHANISTAN FROM 20080427-20090716"

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show the 


specific dates of his service in Iraq as 3 April 2003 to 4 April 2004 and 13 December 2005 to 26 November 2006.



      _______ _   __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)                                         AR20140017604



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ABCMR Record of Proceedings (cont)                                         AR20140017604



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