IN THE CASE OF:  	  

		BOARD DATE:  6 August 2015	  

		DOCKET NUMBER:  AR20140020295 


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:

* his foreign service in support of Operation Iraqi Freedom (OIF)
* award of the Iraq Campaign Medal and Army Achievement Medal

2.  The applicant states his DD Form 214 doesn't show his service in OIF or the awards stated above.

3.  The applicant provides a certificate and a Soldier Deployment History Outprocessing Report.

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 September 2007 and he held military occupational specialty 19D (Cavalry Scout).  He was assigned to the 3rd Squadron, 7th Cavalry Regiment, Fort Stewart, GA.

3.  He provides a certificate, dated 19 May 2008, that shows Permanent Order (PO) Number 140-03, issued by Headquarters, 3rd Squadron, 7th Cavalry Regiment, Camp Taji, Iraq, awarding him the Army Achievement Medal for exceptionally meritorious service during combat operations while assigned to the 3rd Squadron, 7th Cavalry, in support of OIF from 11 May to 8 August 2008.
His dedication to duty and selfless service helped secure Iraq and ensure the success of the Squadron’s mission in Eastern Baghdad.

4.  He also provides a Soldier Deployment History Outprocessing Report, dated 25 February 2009, wherein it shows he deployed for 60 days from 29 April to 28 June 2008.

5.  He was discharged on 2 March 2009.  He completed 1 year, 5 months, and 9 days of creditable active service.  

6.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued contains the following entries:

* item 12f (Foreign Service) – 0000-00-00
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal and Army Service Ribbon
* item 18 (Remarks) does not reflect any deployment to a foreign service 

7.  On 3 December 2014, by email, a Defense Finance and Accounting Service (DFAS) official verified the applicant received hostile fire (HF)/imminent danger pay (IDP) for service in Kuwait from 30 April to 1 July 2008 (62 days or 2 months and 2 days).

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

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his record shows he participated in one campaign during his service in Iraq.
	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 are authorized the Global War on Terrorism Service 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 stated in item 12f of the DD Form 214 enter the total amount of foreign service completed during the period covered by the DD Form 214.  For an active duty Soldier deployed to a foreign country, enter in item 18 the entry "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received HF/IDP from 30 April 2008 to 1 July 2008 and he provides a certificate that shows he was awarded the Army Achievement Medal on 19 May 2008 while serving in Iraq.  It is reasonable to presume the applicant deployed to Kuwait on 30 April 2008 where his HF/IDP was processed and subsequently he served in Iraq until his departure on 1 July 2008 (2 months and 2 days).  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign service in Kuwait/Iraq.

2.  The applicant provided a certificate that confirms PO awarded him the Army Achievement Medal and his record confirms he served during a qualifying period for award of the Global War on Terrorism Service Medal and Iraq Campaign Medal and he participated in one campaign during his service in Iraq; therefore, his DD Form 214 should be corrected accordingly.

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:

* deleting the current entry from item 12f and replacing it with the entry "0000-02-02"
* adding to item 13 the Iraq Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal
* adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20080430-20080701"



      _______ _   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)                                         AR20140020295





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ABCMR Record of Proceedings (cont)                                         AR20140020295



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