IN THE CASE OF:
BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140020821
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 award of the Iraq Campaign Medal (ICM).
2. The applicant states the ICM was not added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) at the time of his discharge.
3. The applicant provides:
* State of Illinois Department of Veterans Affairs letter
* DD Form 214
* U.S. Army Combined Arms Support Command and the Sustainment Center of Excellence Orders 154-00264, dated 3 June 2009
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 16 November 2006.
3. U.S. Army Combined Arms Support Command and the Sustainment Center of Excellence Orders 154-00264, dated 3 June 2009, ordered the applicant to deploy to Iraq in a temporary change of station status in support of Operation Iraqi Freedom with a reporting date of on or about 5 August 2009.
4. His Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 18 August 2009 through 16 June 2010.
5. Headquarters, 15th Special Troops Battalion, Contingency Operating Base
Q-West, Iraq, Permanent Order Number 135-3, dated 15 May 2010, awarding him the Army Good Conduct Medal and Headquarters and Headquarters Company, 530th Combat Service Support Battalion, memorandum for record, dated 13 July 2011, both corroborate the applicant's physical presence in Iraq as opposed to Kuwait during his dates of deployment. He participated in one campaign while deployed in Iraq.
6. The applicant was honorably discharged on 29 August 2011 for unsatisfactory performance. His DD Form 214 shows in:
* item 12f (Foreign Service) no foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) no ICM
* item 18 (Remarks) no deployed service
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom. The ICM 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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include Iraqi Sovereignty (1 January 2009-31 August 2010).
8. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the preparation of separation documents 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 instructions stated:
a. enter the total amount of foreign service completed during the period covered in item 12f and
b. for an active duty Soldier deployed with his or her unit during their continuous period of active duty, enter the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the ICM was carefully considered.
2. Deployment orders and DFAS records corroborate the applicant's deployment to Iraq from 18 August 2009 through 16 June 2010, a qualifying period for award of the ICM with one bronze service star. Therefore, would be appropriate to correct his DD Form 214 to show this campaign medal with one bronze service star and to add his foreign service in Iraq to item 12f and item 18.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 "0000 09 30,"
b. adding award of the ICM with one bronze service star to item 13 of his DD Form 214, and
c. adding the entry "SERVICE IN IRAQ FROM 20090818-20100616" 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) AR20140020821
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ABCMR Record of Proceedings (cont) AR20140020821
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