IN THE CASE OF:	  

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150000817 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* foreign service credit and awards for his service in Afghanistan 
* foreign service credit and awards for his service in Iraq

2.  The applicant states he would like his records to reflect all of his foreign service.

3.  The applicant provides:

* AHRC Form 249-E (Chronological Statement of Retirement Points), dated 12 September 2014
* DD Form 214 with a separation date of 2 December 2008
* orders to active duty, dated 19 September 2011
* deployment orders in a temporary change of station status, dated 
13 February 2012
* orders for the award of the Combat Action Badge, dated 30 April 2012
* retirement orders, 17 October 2014
* DD Form 214 with a separation date of 9 December 2014

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.  A DD Form 215 (Correction to DD Form 214), dated 11 February 2015, was issued correcting his DD Form 214 with a separation date of 9 December 2014.  This form amended the DD Form 214 to include his foreign service, deployment to Afghanistan, and awards earned.  Therefore, his issue for foreign service and awards for service in Afghanistan will not be discussed further in these Proceedings.

3.  On 27 June 2006, he was released from the U.S. Army Reserve (USAR) Delayed Entry Program and assigned to the 77th Regional Readiness Command.  His enlistment documents and date of enlistment in the USAR are not available for review.

4.  His orders to active duty are not available for review.  His DD Form 214 with a separation date of 2 December 2008 indicates he entered active duty on 22 May 2007.  An entry in item 18 (Remarks) states he was ordered to active duty in support of Operation Iraqi Freedom.  An additional remark states he was retained on active duty from 6 June 2008 to 2 December 2008 for medical care and treatment.

5.  His historical mobilization campaign information in iPERMS (integrated Personnel Electronic Records Management System) shows he mobilized on 
22 May 2007 for Iraqi Freedom with a campaign end date of 5 June 2008.

6.  U.S. Army Human Resources Command Orders A-06-810548, dated 9 June 2008, retained the applicant on active duty effective 6 June 2008 to participate in the Reserve Component Warriors in Transition Medical Retention Processing Program for completion of medical care and treatment.  He was to report to Walter Reed Army Medical Center, Washington DC.

7.  Pay documents received from the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay from 13 August 2007 - 
16 June 2008.

8.  On 2 December 2008, he was released from active duty by reason of completion of his required active service.  He was issued a DD Form 214 for the period 22 May 2007 - 2 December 2008.  

* item 12c (Net Active Service This Period) shows he completed 1 year, 
6 months, and 11 days of active service
* item 12f (Foreign Service) does not show he had any foreign during this period  
* item 18 does not contain an entry showing his deployment to Iraq

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a.  Individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all land area of the country of Iraq, and 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.  

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Iraq Campaign Medal.

10.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  

   a.  Foreign service performed during the period covered in item 12c of the 
DD Form 214 would be entered in item 12f.  

   b.  When an active duty Soldier was deployed with his unit during the period covered by the DD Form 214, the entry "SERVICE IN (name of country) FROM (inclusive dates in YYYY/MM/DD format) was to be made in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The documents from DFAS, the entries in item 18 of his DD Form 214, his historical mobilization campaign information in iPERMS, and orders retaining him on active duty are sufficient to determine his tour in Iraq was from 13 August 2007 - 5 June 2008, a period of 9 months and 23 days (0000 09 23).  He would have participated in one campaign.
2.  Based on the above dates of deployment, item 12f of his DD Form 214 should read "0000 09 23" and item 18 should contain the entry "SERVICE IN IRAQ FROM 20070813 - 20080605."

3.  He participated in one campaign.  He meets the criteria for the Iraq Campaign Medal with one bronze service star.

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 with a separation date of 2 December 2008 as follows:

* item 12f - delete "0000 00 00" and enter "0000 09 23"
* Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - add the Iraq Campaign Medal with one bronze service star
* item 18 - add the entry "SERVICE IN IRAQ FROM 20070813 - 20080605"




      _______ _   __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)                                         AR20150000817





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ABCMR Record of Proceedings (cont)                                         AR20150000817



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