IN THE CASE OF: BOARD DATE: 26 February 2014 DOCKET NUMBER: AR20130008897 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 the following awards: * Combat Action Badge (CAB) * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) 2. He states he met the criteria or has been awarded the above items; however, they do not appear on his DD Form 214. 3. He provides his DD Form 214, ARCOM Certificate, AAM Certificate, Order of the Spur Certificate, and Coalition Provisional Authority Certificate of Commendation. 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 requests award of the CAB. There is no evidence showing the applicant has exhausted his administrative relief for award of the CAB. The Commander, U.S. Army Human Resources Command (HRC) is the approval authority for requests for award of the CAB that are submitted outside the 90-day redeployment window. The applicant must first submit his request for award of the CAB to HRC, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. There is no evidence that the applicant has previously submitted a request for the award of the CAB to HRC. Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 2 April 2003 and he served in military occupational specialty 13D (Field Artillery Automated Tactical Data System Specialist). 4. Headquarters, 2nd Brigade, 1st Armored Division, Iraq, Permanent Order Number 021-016 awarded him the ARCOM for meritorious service for the period 25 April 2003 to 15 April 2004 while assigned to Howitzer Battery, 3rd Squadron, 2nd Armored Cavalry Regiment, during Operation Iraqi Freedom (OIF). 5. Headquarters, 1st Battalion, 15th Field Artillery Regiment, Korea, Permanent Order Number 11-02, dated 10 January 2006, awarded him the AAM for meritorious service for the period 8 March 2005 to 21 February 2006. 6. On 1 April 2006, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal (KDSM) * Army Service Ribbon * Overseas Service Ribbon 7. Item 12f (Foreign Service) of his DD Form 214 shows he completed 1 year and 24 days of foreign service. There are no deployments or named operations listed in item 18 (Remarks) of this form. 8. The Defense Finance and Accounting Service (DFAS) confirms he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 September 2003 through 9 July 2004. 9. A review of his military records shows entitlement to the Iraq Campaign Medal (ICM) which is awarded to members of the Armed Forces who served in direct support of 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 ICM 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. During his service in Iraq, the applicant participated in the following two campaigns: Transition of Iraq (2 May 2003-28 June 2004) and Iraqi Governance (29 June 2004-15 December 2005). 10. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance for preparation of the DD Form 214 and states: a. for item 12f, enter the total amount of foreign service completed during his or her continuous period of active service; and b. for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. Permanent orders awarded him the ARCOM and AAM. Therefore, his DD Form 214 should be corrected to show these awards. 2. His orders show his service in Iraq and DFAS records show he received hostile fire/imminent danger pay from 1 September 2003 through 9 July 2004 which is a qualifying period for award of the ICM. Additionally, he participated in two campaigns during this period of service. Therefore, he is authorized award of the ICM with two bronze service stars. 3. His records show he was awarded the KDSM for his service in Korea and this is the only overseas area in which he was assigned; therefore, it can be presumed that the 1 year and 24 days of foreign service listed in item 12f of his DD Form 214 corresponds to his service in Korea. The available evidence is sufficient to amend item 12f of his DD Form 214 to show an additional 10 months and 9 days of foreign service for Iraq and to correct item 18 to show he served in Kuwait/Iraq from 1 September 2003 through 9 July 2004. BOARD VOTE: ____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: a. adding the following awards to his DD Form 214: * ARCOM * AAM * ICM with two bronze service stars b. amending item 12f of his DD Form 214 to read "0001  11  03" c. adding the following statement to item 18 of his DD Form 214: "SERVICE IN KUWAIT/IRAQ FROM 20030901-20040709." _____________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) AR20130008897 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130008897 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1