IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150005521 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 foreign service in Iraq. 2. The applicant states his deployment to Iraq from 2005 through 2006 is not listed on his DD Form 214. He deployed with the 626th Brigade Support Battalion, 101st Airborne Division, Fort Campbell, Kentucky. He believes an error occurred during the preparation of his DD Form 214. He enlisted in the U.S. Army for military occupational specialty (MOS) 52D (Power Generation Equipment Repairer). He completed training for another MOS before he went to F Company, 243 Air Defense Artillery, 11th Brigade, Fort Bliss, Texas. 3. The applicant does not provide any additional information. 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 27 October 2004. 3. His enlisted record brief (ERB) shows in: * section VIII (Awards and Decorations) – * Army Commendation Medal (ARCOM * Army Achievement Medal (AAM) * Army Good Conduct Medal (AGCM) * National Defense Service Medal (NDSM) * Iraq Campaign Medal with one bronze service star * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Army Service Ribbon (ASR) * Overseas Service Ribbon (OSR) * section IX (Assignment Information), he served a tour of duty in Iraq beginning on 21 September 2005 4. He was released from active duty on 26 October 2009. His DD Form 214 shows in: a. Item 12f (Foreign Service) – he completed 1 year, 2 months and 21 days of foreign service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized) – * ARCOM * AAM * AGCM * NDSM * GWOTEM * GWOTSM * ASR * OSR c. Item 18 (Remarks) he served in Kuwait from 15 January 2008 to 5 April 2009 (1 year, 2 months, and 21 days); no entry indicating other service in Iraq/Kuwait. 5. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 22 September 2005 to 6 September 2006 for Kuwait. 6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" 7. As a related matter, review of the available records indicates he is entitled to an award that is not listed on his DD Form 214. 8. Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom. 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) DISCUSSION AND CONCLUSIONS: 1. The applicant’s ERB shows he served a tour of duty in Iraq beginning on 21 September 2005; however, DFAS records indicate he was deployed to Kuwait from 22 September 2005 through 6 September 2006. At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country. 2. The DFAS information along with his ERB is accepted as sufficient evidence to show he served in Kuwait/Iraq from 22 September 2005 to 6 September 2006 (a period of 11 months and 14 days). This period of foreign service is not listed on his DD Form 214. 3. Based in his service in Iraq, he is eligible for award of ICM. He participated in two campaigns. This award is not listed on his DD Form 214. 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 the DD Form 214 of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0002 02 05"; b. adding to item 13 of his DD Form 214 the ICM with two bronze service stars; and c. adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq from 22 September 2005 to 6 September 2006. " _______ _ __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) AR20150005521 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005521 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1