IN THE CASE OF:    

		BOARD DATE:  8 October 2015	  

		DOCKET NUMBER:  AR20150002799 


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 military service records to show his foreign service, awards and decorations, and upgrade of his general discharge.

2.  The applicant states that he served in Iraq in support of Operation Iraqi Freedom (OIF).  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show his foreign service or service medals.

3.  The applicant provides no documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Army Regulation (AR) 15-185 (Army Board for Correction of Military Records (ABCMR)), the regulation under which this Board operates, states in section II, paragraph 2-5, the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.

2.  A review of the applicant's military personnel records failed to reveal any evidence that he applied to the Army Discharge Review Board (ADRB) for review of his discharge within its 15-year statute of limitations.  However, a review of Army Review Boards Agency records shows the applicant has a DD Form 293 (Application for Review of Discharge or Dismissal from the Armed Forces of the United States) pending at the ADRB.  As such, the issue pertaining to his discharge will not be discussed further in these Proceedings.  However, should the applicant's case not be resolved to his satisfaction, and he still feels that an error or injustice exists with respect to his discharge, he may resubmit his application to this Board, including evidence of the denial of his request for administrative correction of his records.

3.  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 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.

4.  The applicant enlisted and entered active duty in the Regular Army (RA) on 
18 April 2007 for a period of 3 years.  He was:

* awarded military occupational specialty 92F (Petroleum Supply Specialist)
* assigned to Company A, 703rd Brigade Support Battalion on 25 February 2008
* promoted to specialist/pay grade E-4 on 1 September 2009

5.  He reenlisted in the RA on 2 November 2009 for a period of 2 years.

6.  The applicant accepted nonjudicial punishment, on 3 January 2010 for:

* wrongfully possessing marijuana, a controlled substance
* using marijuana, a controlled substance
* wrongfully possessing an unregistered weapon while on post

7.  The applicant's DD Form 214 shows he entered active duty this period on
18 April 2007 and he was discharged on 26 August 2010 under honorable conditions.  He had completed 3 years, 4 months, and 9 days of net active service during this period.  It also shows in:

   a.  item 12 (Record of Service), block f (Foreign Service):  0 years, 0 months, and 0 days;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Army Service Ribbon
   c.  item 18 (Remarks) does not show an entry that he deployed to a foreign country during his period of active service.

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 24 February 2008 through 23 December 2008 for service in Kuwait.

9.  The 703rd Brigade Support Battalion unit history shows the 4th Brigade, 
3rd Infantry Division (Mechanized), was alerted for deployment to Iraq as part of OIF in late 2007.  The 4th Brigade, including the 703rd Brigade Support Battalion, continued to serve in Iraq into 2008.

10.  Headquarters, Department of the Army, Washington, DC, General Orders Number 2013-27, dated 28 August 2013, awarded the Meritorious Unit Commendation to Headquarters and Headquarters Company, 703rd Support Battalion and assigned and attached units, including Company A, 703rd Support Battalion, for exceptionally meritorious conduct in the performance of outstanding service during the period 29 October 2007 to 23 December 2008.

11.  AR 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
	
   a.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The area of eligibility (AOE) encompasses all land area of the country of Iraq and 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.

	 	(1)  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

    	(2)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, participation credit was awarded for the Iraqi Surge campaign (10 January 2007 - 31 December 2008).

	b.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism (GWOT) operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined, having served 
30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.
   
   c.  The Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  (Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.)

12.  AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12, block f, enter total amount of foreign service completed during the period covered in item 12, block c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier's records; and

	c.  item 18, for an active duty Soldier deployed with his/her unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his foreign service in Iraq and all of his authorized awards.

2.  The evidence of record shows the applicant served in Southwest Asia (SWA) during the period 24 February 2008 to 23 December 2008.

3.  A calculation of this period of overseas service shows:

	2008  12  23	date of redeployment
	- 2008  02  24	date of deployment
	=     00  09  29
	+                   1	day inclusive
	=     00  10  00	total foreign service Iraq/Kuwait
4.  Item 12, block f, and item 18 of the applicant's DD Form 214 do not show his service in SWA.  Therefore, it would be appropriate to correct his DD Form 214 to show his overseas deployment in SWA and total foreign service.

5.  The evidence of record shows the applicant's service in SWA in support of OIF during the period 24 February 2008 to 23 December 2008 qualified him for award of the ICM with 1 bronze service star.  This service also qualified him for award of the OSR.  In addition, his service outside of the AOE designated for award of the ICM qualified him for award of the GWOTSM.

6.  General orders awarded his unit the Meritorious Unit Commendation.

7.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards, as recommended below.

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 from item 12, block f of his DD Form 214 and adding the entry:  "0000  10  00"  (i.e., 0 years, 10 months, 0 days);

	b.  adding the following awards to item 13 of his DD Form 214:

* Iraq Campaign Medal with 1 Bronze Service Star
* Global War on Terrorism Service Medal
* Overseas Service Ribbon
* Meritorious Unit Commendation


	c.  adding to item 18 of his DD Form 214 the entry:  "SERVICE IN IRAQ/KUWAIT FROM 20080224–20081223."



      ___________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)                                         AR20150002799



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ABCMR Record of Proceedings (cont)                                         AR20150002799



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