IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150001470 


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 item 12f (Foreign Service) of his           DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq from 14 April 2005 to 7 April 2006 (a period of 11 months and       25 days).

2.  The applicant states item 18 (Remarks) of his DD Form 214 shows he served in Iraq for the period 14 April 2005 to 7 April 2006; however, item 12f fails to show any foreign service.

3.  The applicant provides a copy of 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 Army National Guard on 16 February 1990.
 
3.  His record contains a DD Form 214 that shows he entered active duty on       5 February 2005.

4.  The applicant was honorably released from active duty in the rank/grade of sergeant/E-5 on 17 April 2006, after completing 1 year, 2 months, and 13 days of active service.  Item 12f (Foreign Service) of his DD Form 214 contains the entry "0000 00 00."  Item 18 contains the entry "SERVICE IN IRAQ 20050414 to 20060407."  This form further shows he was awarded or authorized the:

* Army Achievement Medal
* Army Reserve Components Achievement Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Component Overseas Training Ribbon (2nd Award)
* Iraq Campaign Medal

5.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear with the Iraq Campaign Medal for participation in each credited campaign.  The evidence shows the applicant served during the following campaigns:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

6.  Army Regulation 635-5 (Separation Documents), then in effect, establishes 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:

* item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 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)"




DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows he served in Iraq from 14 April 2005 to    7 April 2006 (a period of 11 months and 25 days).  Therefore, item 12f of the applicant's DD Form 214 should be corrected to show he completed 11 months and 25 days of foreign service.

2.  Based on his accepted dates of service in Iraq he is entitled to award of two bronze service stars for wear on his previously-awarded Iraq Campaign Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

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 from his DD Form 214 the Iraq Campaign Medal; 
   
   b.  adding to item 12f of his DD Form 214 the entry "0000 11 25"; and
   
   c.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars.



      _______ _   _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)                                         AR20150001470



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ABCMR Record of Proceedings (cont)                                         AR20150001470



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