BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140019283
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, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show foreign service in Iraq for the period "20050915 to 20060915" instead of "20060915 to 20060915."
2. The applicant states he believes what is currently shown was a typographical error.
3. The applicant provides:
* DD Form 214
* DA Form 4037 (Officer Record Brief (ORB))
* Orders Number 193-309, dated 12 July 2005, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell
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 was appointed as a Reserve commissioned officer and executed an oath of office on 16 May 1986. He served in a variety of active duty positions, including two deployments to Iraq and one deployment to Doha, Qatar. He attained the rank/grade of lieutenant colonel/O-5.
3. He retired on 31 May 2007. His DD Form 214 shows he completed 20 years, 6 months, and 29 days. In item 18 (Remarks) it shows "Service in Iraq 20060915-20060915." His DD Form 214 also shows his awards included the: Iraq Campaign Medal.
4. According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 28 September 2005 to 14 September 2006 for service in Kuwait/Iraq (emphasis added).
5. The applicant provides:
* ORB showing the end date of his 12-month deployment in Iraq as 20060915
* Orders Number 193-309, dated 12 July 2005, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell showing the applicant on a list of Soldiers deploying to Iraq with a proceed date of on or about 23 September 2005
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policy and procedures for the completion of the DD Form 214. As to entering dates of service while being deployed, the regulation states, for a Soldier deployed to a foreign country enter in item 18, "Service in (name of country deployed) from (inclusive dates) shown as YYYYMMDD - YYYYMMDD."
7. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). A bronze service star is authorized for wear with this medal for participation in each credited campaign. The applicant served in two named campaigns:
* Iraqi Governance (29 June 2004 to 15 December 2005)
* National Resolution (16 December 2005 to 9 January 2007)
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his deployment dates to Iraq be correctly reflected on his DD Form 214 as being for the period 20050915 to 20060915 instead of 20060915 to 20060915.
2. DFAS confirmed the applicant served in Kuwait/Iraq during the period 28 September 2005 to 14 September 2006 and received associated pay for hazardous duty. DFAS is considered the authoritative source when determining foreign service credit based on receipt of hazardous pay. Based on this, his DD Form 214 should be amended to show he served in Kuwait/Iraq for the period shown by DFAS rather than the dates he suggests.
3. He also has qualifying service for two bronze service stars with his already-awarded Iraq Campaign Medal. Therefore, his DD Form 214 should be corrected accordingly.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x______ __x______ __x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 amending his DD Form 214 for the period ending 31 May 2007 as follows:
* in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), delete the Iraq Campaign Medal and replace it with the Iraq Campaign Medal with two bronze service stars
* in item 18, delete the remark "Service in Iraq 20060915-20060915" and replace it with "Service in Iraq 20050928-20060914"
2. The Board further determined that 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 item 18 of his DD Form 214 for the period ending 31 May 2007 to show service in Iraq for the period 20050915 to 20060915.
_______ _ 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) AR20140019283
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ABCMR Record of Proceedings (cont) AR20140019283
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