BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130016799 


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 his service in Iraq. 

2.  The applicant states his DD Form 214 does not reflect his service in Iraq and needs to reflect that he fought in the Iraq war from March to September 2003.  He was awarded the Bronze Star Medal for his combat duty and act of valor.

3.  The applicant provides copies of a DA Form 638 (Recommendation for Award) and Bronze Star Medal certificate.

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 26 August 1994 and served as an information systems operator-analyst.  

3.  He provided a copy of a DA Form 638 which shows he was awarded the Bronze Star Medal for exceptionally meritorious performance of duty during Operation Iraqi Freedom from 29 March through 1 September 2003 by Permanent Orders Number 285-009 on 12 October 2003.  He also provided a copy of the resulting certificate.

4.  He was discharged on 11 April 2006.  Item 18 (Remarks) of his DD Form 214 does not list any service in Iraq.

5.  On 27 September 2013, a staff member of Defense Finance and Accounting Service verified the applicant received hostile fire and imminent danger pay for service in Kuwait/Iraq from 30 March 2003 through 27 October 2003.

6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation states item 18, for active duty Soldiers deployed with his/her unit during their continuous period of active duty, will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant served in Kuwait/Iraq from 30 March 2003 through 27 October 2003.  Therefore, he is entitled to correction of item 18 of his DD Form 214 to show this service.  

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 adding to item 18 of his DD Form 214 the entry, "Service in Kuwait/Iraq:  20030330-20031027."



      _______ _  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)                                         AR20130016799





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ABCMR Record of Proceedings (cont)                                         AR20130016799



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