IN THE CASE OF: 
BOARD DATE: 11 February 2022 
DOCKET NUMBER: AR20210007925 


APPLICANT REQUESTS: correction of item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployed service. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

•Headquarters, 3d Special Forces Group (Airborne), Orders 3DSFG06-053,26 June 2002, with Personnel Roster

•20th Special Forces Group (Airborne) Memorandum (North Atlantic TreatyOrganization Travel Order), 30 September 2002, with Personnel Roster

•Combined Joint Special Operations Task Force-Afghanistan Memorandum(Shoulder Sleeve Insignia for Former Wartime Service), 3 June 2002, withPersonnel Roster

•Headquarters, Special Operations Support Command (Airborne), Orders 08-03,8 January 2004

•Combined Joint Special Operations Task Force-Arabian Peninsula Memorandum(Letter of Release from Theater), 26 July 2004

•DD Form 214



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records(ABCMR) conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he has orders proving he went to the combat theater andreturned. Item 12f of his DD Form 214 shows 0 months and 0 days.

3.He enlisted in the Regular Army on 25 July 2001.

4.His Enlisted Record Brief in his interactive Personnel Electronic RecordsManagement System is dated 26 October 2001. His DA Form 2-1 (Personnel
Qualification Record – Part II) was last updated on 11 April 2002 and shows his assignment to the 112th Special Operations Signal Battalion (Airborne), Fort Bragg, NC, effective 11 April 2002. 

5.Headquarters, 3d Special Forces Group (Airborne), Orders 3DSFG06-053, 26 June2002, show the applicant's name on the roster of Soldiers temporarily reassigned toForward Operating Base 32, Afghanistan, in support of Operation Enduring Freedomwith a departure date from their home station of on or about 15 July 2002.

6.The 20th Special Forces Group (Airborne) memorandum (North Atlantic TreatyOrganization Travel Order), 30 September 2002, with personnel roster, 30 September2002, and the Combined Joint Special Operations Task Force-Afghanistanmemorandum (Shoulder Sleeve Insignia for Former Wartime Service), 3 June 2002,show the applicant was awarded the Special Forces shoulder insignia for formerwartime service for the period 13 July 2002 through 1 October 2002. The memorandumstates these Soldiers were either assigned or attached to the Combined Joint SpecialOperations Task Force-Afghanistan (3d Special Forces Group (Airborne)).

7.His Defense Finance and Accounting Service (DFAS) leave and earnings statements(LESs), 1 July 2002 through 30 April 2003, show his receipt of hostile fire pay/combatzone tax exclusion started on 1 July 2002 and ended on 31 October 2002 (in wholemonths).

8.Headquarters, Special Operations Support Command (Airborne), Orders 08-03,8 January 2004, show the applicant's name on the roster of Soldiers temporarilyreassigned to the U.S. Central Command area of responsibility in support of OperationIraqi Freedom with a reporting date of 15 January 2004.

9.On 2 May 2004, he was awarded the Army Commendation Medal for exceptionalservice in support of Operation Iraqi Freedom II for the period 29 January 2004 to1 June 2004 while attached to Forward Operational Base 103.

10.The Combined Joint Special Operations Task Force memorandum (Letter ofRelease from Theater), 26 July 2004, released him from assignment to the U.S. CentralCommand area of responsibility on or about 26 July 2004.

11.His DFAS LESs, 1 February 2004 through 30 September 2004, show his receipt ofhostile fire pay/combat zone tax exclusion started on 1 January 2004 and ended on31 July 2004 (in whole months).

12.On 7 June 2005, he was awarded the Army Commendation Medal for meritoriousservice for the period 12 April 2002 to 24 July 2005.

13.He was honorably released from active duty on 24 July 2005 and transferred to theU.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in:

•item 12c (Net Active Service This Period) – 4 years

•item 12f (Foreign Service) – 0 years, 0 months, and 0 days

•item 13 (Decorations, Medals, Badges, Citations, and Campaign RibbonsAwarded or Authorized) –



•Army Commendation Medal

•Army Achievement Medal (2nd Award)

•Meritorious Unit Commendation

•Army Good Conduct Medal

•National Defense Service Medal

•Global War on Terrorism Service Medal

•Army Service Ribbon

•Parachutist Badge



14.DFAS confirmed his deployment dates to Afghanistan for 1 month (October 2002),and Iraq for 7 months (1 January to 31 July 2002) .Headquarters, Department of theArmy, General Orders Number 3, 6 November 2007, awarded the Meritorious UnitCommendation to the 112th Special Operations Signal Battalion (Airborne) for theperiods 12 October 2001 to 11 October 2002 and 5 November 2002 to 5 May 2003.

BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the applicant's military records, the Board found that relief was warranted. Theapplicant's contentions, his military records, and regulatory guidance were carefullyconsidered. DFAS confirmed he deployed to Afghanistan from 1 October 2022 to31 October 2002, and Iraq from 1 January 2004 to 31 July 2004. The Board determinedthere is sufficient evidence to amend his DD Form 214 to show the verified foreignservice.

2.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to depict the militaryservice of the applicant more accurately.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:X    :X    :X     GRANT FULL RELIEF 

:     :     :      GRANT PARTIAL RELIEF 

:     :     :      GRANT FORMAL HEARING 

:     :     :      DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 24 July 2005 by: 

•block 12f – adding “00 08 00”

•block 18 – adding Service in Afghanistan 20021001-20021031; and Service inIraq 20040101-20040731




X
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. 


ADMINISTRATIVE NOTE(S): The applicant was awarded or authorized the following awards that are not shown on his DD Form 214: 

•Army Commendation Medal with oak leaf cluster

•Afghanistan Campaign Medal

•Iraq Campaign Medal



REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 15-185 (Army Board for Correction of Military Records) prescribesthe policies and procedures for correction of military records by the Secretary of theArmy acting through the ABCMR. The ABCMR begins its consideration of each casewith the presumption of administrative regularity. The applicant has the burden ofproving an error or injustice by a preponderance of the evidence.

3.Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, andadministrative instructions concerning individual and unit military awards.

a.The Iraq Campaign Medal was awarded to members of the Armed Forces of theUnited States who served in direct support of Operation Iraqi Freedom between 19 March 2003 and 31 December 2011. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days. The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all airspaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. One bronze service star is authorized with the Iraq Campaign Medal for participation in each credited campaign. 

(1)Under no condition will personnel receive the Iraq Campaign Medal, GlobalWar on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service. 

(2)Service members who qualified for the Global War on TerrorismExpeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in Iraq will remain qualified for that medal. Any such Soldier may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. 

b.The Afghanistan Campaign Medal is awarded to service members who served indirect support of Operation Enduring Freedom from 11 September 2001 to 31 December 2014 and Operation Freedom's Sentinel from 1 January 2015 to a future date to be determined. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 
60 nonconsecutive days, or meet other specified criteria. One bronze service star is authorized with the Afghanistan Campaign Medal for participation in each designated campaign. 

4.Army Regulation 635-5 (Separation Documents), 15 September 2000, prescribed theseparation documents that must be prepared for Soldiers upon retirement, discharge, orrelease from active duty service or control of the Active Army. It establishedstandardized policy for preparing and distributing the DD Form 214. The detailedinstructions for completing:

a.item 12f (Foreign Service) stated to enter the total amount of foreign servicecompleted during the period covered in item 12c from the Enlisted Record Brief; and 

b.item 18 (Remarks) stated for an active duty Soldier deployed with his or her unitduring their continuous period of service, enter "SERVICE IN (name of country deployed) FROM (inclusive dated for example, YYYMMDD-YYYYMMDD)." 

5.Department of Defense Financial Management Regulations, chapter 10, governspayment of hostile fire pay/imminent danger pay. Prior to 31 December 2011, memberseligible for imminent danger pay were paid the full monthly rate for any complete orpartial month they served in a qualifying area. The 2012 National Defense AuthorizationAct modified imminent danger pay payments, limiting eligibility to only the actual daysserved in a qualifying area.

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