BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20140020358 


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 first deployment to Iraq.

2.  The applicant states his first deployment to Iraq needs to be added to his records.

3.  The applicant provides:

* deployment orders, dated 5 October 2005
* memorandum for record, dated 15 September 2006

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 15 September 2004 and trained as a cannon crewmember.

3.  He provided:

	a.  Headquarters, 4th Infantry Division (Mechanized) Orders 278-01, dated 
5 October 2005, which show his unit was deployed in support of Operation Iraqi Freedom on or about 27 November 2005 for a period of 365 days; and

	b.  a memorandum for record, dated 15 September 2006, which states his certified deployment dates in Iraq/Kuwait in support of Operation Iraqi Freedom were 29 November 2005 to 4 November 2006.

4.  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 29 November 2005 through 9 November 2006 (total of 11 months and 11 days).
 
5.  On 15 June 2009, he was honorably released from active duty.

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

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Iraq Campaign Medal (ICM) with one campaign star
* Army Service Ribbon
* Overseas Service Ribbon

7.  His DD Form 214 also shows in:

* item 12f (Foreign Service) – he completed 11 months and 27 days of foreign service
* item 18 (Remarks) – he served in Iraq from 17 March 2008 to 13 March 2009

8.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members of the Armed Forces of the United States who 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 ICM 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)

9.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who 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 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM.

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 regulation stated:

	a.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record.

	b.  For 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's DD Form 214 shows he served in Iraq from 17 March 2008 to 13 March 2009.  However, DFAS records, combined with the memorandum for record certifying his deployment dates, confirmed he deployed to Kuwait/Iraq from 29 November 2005 to 9 November 2006 (total of 11 months and 11 days).  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 29 November 2005 to 9 November 2006.

2.  Item 12f of his DD Form 214 shows he completed 11 months and 27 days of foreign service.  However, based on his two deployments in 2005-2006 and 2008-2009, item 12f should be corrected to show he completed 1 year, 11 months, and 8 days of foreign service.

3.  His DD Form 214 shows award of the ICM with one bronze service star.  However, based on his service in Iraq and participation in two campaigns, he is authorized award of the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this additional bronze service star.

4.  He served a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this medal.

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:

	a.  deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0001  11  08,"

	b.  deleting award of the ICM with campaign star from his DD Form 214, 

	c.  adding the following awards to his DD Form 214:

* ICM with two bronze service stars
* GWOTSM




	d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20051129-20061109" to item 18 of 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)                                         AR20140020358





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