IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140008153 


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 two additional deployments.

2.  The applicant states:

* he would like his DD Form 214 to show all three of his deployments
* his DD Form 214 only shows his second deployment to Iraq from 17 June 2004 to 18 June 2005

3.  The applicant provides:

* DD Form 214
* Alpha Battery, 2d Battalion, 15th Field Artillery Regiment, 2d Brigade Combat Team, 10th Mountain Division (Light Infantry), memorandum for record, dated 28 November 2007, subject:  Notification of Post-Deployment Mobilization/Respite Absence (PDMRA)
* deployment orders, dated 28 June 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 4 September 2002 and trained as a cannon crewmember.

3.  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 17 June 2004 to 18 June 2005 (1 year and 2 days)
* Kuwait from 15 August 2006 to 5 November 2007 (1 year, 2 months, and 22 days)

4.  Alpha Battery, 2d Battalion, 15th Field Artillery Regiment, 2d Brigade Combat Team, 10th Mountain Division (Light Infantry), memorandum for record, dated 28 November 2007, subject:  Notification of PDMRA, states he was deployed in support of Operation Iraqi Freedom from 16 June 2004 to 17 June 2005 and from 15 August 2006 to 2 November 2007.

5.  On 13 February 2008, he was released from active duty.

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

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Action Badge
* Air Assault Badge

7.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 1 year and 2 days of foreign service.

8.  Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 17 June 2004 to 18 June 2005.

9.  There is no evidence of record showing he deployed a third time.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear with the Iraq Campaign 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)

11.  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 provided that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* 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 contends he deployed three times, but his DD Form 214 only shows one deployment to Iraq from 17 June 2004 to 18 June 2005.

2.  DFAS records, combined with the memorandum for record, confirmed the applicant deployed to Kuwait/Iraq from 15 August 2006 to 5 November 2007.  Therefore, item 18 of his DD Form 214 should be corrected to show his service in Kuwait/Iraq from 15 August 2006 to 5 November 2007.  In addition, item 12f of his DD Form 214 should be corrected to show he completed a total of 2 years, 2 months, and 24 days of foreign service.

3.  Since there is no evidence of record and the applicant did not provide any evidence showing he deployed a third time, there is insufficient evidence on which to add a third deployment to his DD Form 214.

4.  As a related issue, based on his service in Iraq from 15 August 2006 to 5 November 2007 and participation in two campaigns, he is authorized two bronze service stars with his already-awarded Iraq Campaign Medal.  Therefore, his DD Form 214 should be corrected to show the appropriate number of service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0002  02  24,"

	b.  adding two bronze service stars for wear on his already-awarded Iraq Campaign Medal to his DD Form 214, and

	c.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20060815-20071105" to item 18 of his DD Form 214.

2.  The Board further determined 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 adding a third deployment 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)                                         AR20140008153



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ABCMR Record of Proceedings (cont)                                         AR20140008153



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