IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140019552 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment to Iraq during the period 13 November 2009 – 1 November 2010.

2.  The applicant states that his DD Form 214 does not reflect his deployment to Iraq during the period 13 November 2009 – 1 November 2010.

3.  The applicant provides copies of his DD Form 214, deployment orders, travel voucher and leave form.

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 14 April 2005.  He completed his training and deployed to Iraq during the period 20061214 – 20071216.  He reenlisted in Iraq and remained on active duty.

3.  He provides:

	a. Headquarters, Fort Bliss Orders 283-310, dated 10 October 2009, which show he was scheduled to proceed to Iraq on 13 November 2009.

	b.  DD Form 1351-2 (Travel Voucher or Subvoucher) showing he departed for service in Kuwait and Iraq on 13 November 2009 and returned on 1 November 2010 (11 months and 20 days).

4.  He was discharged on 16 November 2011 under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct drug abuse.  

5.  His DD Form 214 issued at the time of his discharge shows that he served     1 year and 3 days of foreign service and that he served in Iraq during the period 14 December 2006 – 16 December 2007 and that he was awarded the Iraq Campaign Medal with two campaign stars.

6.  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.  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)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

7.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

8.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal, in this case the Iraq Campaign Medal.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that an active duty Soldier deployed with his or her unit during their continuous period of active duty would have item 18 (Remarks) annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Iraq during the periods 14 December 2006 – 
16 December 2007 and 13 November 2009 – 1 November 2010 during four campaigns for a length of 1 year, 11 months, and 23 days of foreign service.  He completed two short overseas tours in Iraq.

2.  Accordingly, he is authorized to have his DD Form 214 corrected to show his deployment during both tours, to have his foreign service corrected to show 1 year, 11 months, and 23 days of foreign service, to show four campaign stars on his Iraq Campaign Medal, and to have his Overseas Service Ribbon corrected to show the Overseas Service Ribbon with numeral "2."

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:

* adding the entry "SERVICE IN KUWAIT and IRAQ FROM 20091113-20101101" to item 18 of his DD Form 214
* Deleting the entry "0001  00  03" from item 12f of his DD Form 214
* Deleting the entry "Iraq Campaign Medal with two campaign stars" from item 13 of his DD Form 214
* Deleting the entry "Overseas Service Ribbon" from item 13 of his DD Form 214
* Adding the entry "0001 11 23" to item 12f of his DD Form 214
* Adding the entry "Iraq Campaign Medal with four bronze service stars" to item 13 of his DD Form 214
* Adding the entry "Overseas Service Ribbon with Numeral 2" to 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)                                         AR20140019552





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ABCMR Record of Proceedings (cont)                                         AR20140019552



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