IN THE CASE OF:	 

		BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150002861 


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 add his foreign service in Iraq from 4 July 2003 to 1 April 2004 and the Legion of Merit.

2.  The applicant states his DD Form 214 is missing a combat tour served in Iraq (Operation Iraqi Freedom (OIF)) from 4 July 2003 to 1 April 2004 and his retirement award (Legion of Merit) for exceptional meritorious service from          1 February 2002 to 31 January 2012.

3.  The applicant provides a Legion of Merit Certificate, Bronze Star Medal Certificate, and his DD Form 214. 

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 1 February 1989 and held military occupational specialties 11B (Infantryman) and 11Z (Infantry Senior Sergeant).  He served through numerous reenlistments and extensions in a variety of stateside and overseas assignments and attained the rank/grade of master sergeant (MSG)/E-8.

3.  His record contains DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) for the periods February 2003 through January 2004 and February 2004 through June 2004.  These NCOERs contain several comments and bullet statements that mention his service during OIF, his participation in over 30 combat patrols during OIF, and the fact that he developed and instructed an Iraqi Facility Protective course.

4.  His record contains a memorandum for record entitled "Proof of Wartime Service," issued by 3rd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division on 24 May 2004.  This memorandum certified the applicant served with Company A, 3rd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division Task Force during Operation Iraqi Freedom from 5 August 2003 to 14 March 2004.

5.  He was honorably retired from active duty on 31 January 2012.  His DD Form 214 shows he completed 23 years of net active service.

	a.  Item 12f (Foreign Service) shows he was credited with 1 year, 11 months, and 7 days of  foreign service.

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

* Afghanistan Campaign Medal with campaign star
* Bronze Star Medal (3rd Award)
* Joint Service Commendation Medal
* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (7th Award)
* Army Achievement Medal (7th Award)
* Army Superior Unit Award
* Army Good Conduct Medal(7th Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal 
* Global War on Terrorism Service Medal 
* Iraq Campaign Medal with campaign star
* Noncommissioned Officer Professional Development Ribbon (3rd Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge
* Ranger Tab
* Pathfinder Badge
* Master Parachutist Badge
* Senior Parachutist Badge
* Parachutist Badge
* Air Assault Badge
* Army Staff Identification Badge
* Drill Sergeant Identification Badge

	c 	Item 18 (Remarks) lists the following periods of foreign service:

* Service in Iraq 20100509-20100717
* Service in Iraq 20090710-20091018
* Service in Iraq 20081007-20090204
* Service in Iraq 20080104-20080209
* Service in Iraq 20070404-20070701
* Service in Iraq 20060625-20061004
* Service in Afghanistan 20020615-20021215

6.  He provided a Legion of Merit Certificate showing Permanent Orders Number 340-1, issued by the U.S. Army Training and Doctrine Command, Fort Eustis, VA on 6 December 2011, awarded him the Legion of Merit for meritorious service during the period 1 February 2002 to 31 January 2012.

7.  An email from the Defense Finance and Accounting Service (DFAS), dated 
18 March 2015, confirms that he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 
6 August 2003 to 14 March 2004.  

8.  The available records do not show that he served in Iraq from 4 July 2003 to 1 April 2004.  

9.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 Iraq Campaign Medal 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)

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18 (Remarks), for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated his service in Iraq from 4 July 2003 to 1 April 2004 was missing from his DD Form 214.  

	a.  DFAS confirmed he received (HF/IDP) and (CZTE) for service in Kuwait from 6 August 2003 to 14 March 2004.  It should be noted that most Soldiers processed their finance paperwork through a finance office in Kuwait.  As a result, DFAS often lists Kuwait as the location of service even though the Soldier actually performed duty in other locations such as Iraq or Afghanistan.

	b.  His record contains proof of wartime service and two NCOERs indicates his foreign service during the period 6 August 2003 to 14 March 2004 was in Iraq.

	c.  Item 18 of his DD Form does not list his foreign service in Iraq from 
6 August 2003 to 14 March 2004.
	d.  There is no evidence indicating he served in Iraq from 4 July 2003 to 1 April 2004 as he stated in his application.

2.  Item 12f of his DD Form 214 credits him with 1 year, 11 months, and 7 days of foreign service.

	a.  This entry accounts for all the periods of foreign service currently listed in Item 18 of his DD Forms 214, but does not account for his foreign service in Iraq from 6 August 2003 to 14 March 2004 (7 months and 9 days).

	b.  The evidence of record shows he completed 2 years, 6 months, and 
16 days of foreign service.

3.  The evidence shows Permanent Orders awarded him the Legion of Merit.

4.  His DD Form 214 shows he was awarded the Iraq Campaign Medal with one bronze service star.  However, the evidence of record shows he participated in the following three campaigns:  National Resolution (16 December 2005-9 January 2007); Iraqi Surge (10 January 2007-31 December 2008); and Iraqi Sovereignty (1 January 2009-31 August 2010).  Each of these campaigns merit a bronze service star.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  amending item 12f of his DD Form 214 by deleting the entry "0001  11  07" and replacing it with the entry "0002  06  16";

	b.  amending item 13 of his DD Form 214 by deleting the Iraq Campaign Medal with one campaign star and adding the Legion of Merit and the Iraq Campaign Medal with three bronze service stars; and

   c.  amending item 18 of his DD Form 214 by adding the entry "Service in Iraq from 20030806 - 20040314."

2.  The Board further determined that 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 correction of the applicant's record to show service in Iraq from 4 July 2003 to 1 April 2004.



      ____________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)                                         AR20150002861





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ABCMR Record of Proceedings (cont)                                         AR20150002861



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