RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070010170 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, 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) as follows:

	a.  Item 12f (Foreign Service) to show his overseas service in Hungary and Iraq;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Army Achievement Medal and miscellaneous Certificates of Achievement, Appreciation, and Recognition; 

	c.  Item 14 (Military Education) to show completion of the Combat Life Saver Course and the Long Range Target Identification and Final Interdiction Course; and, in effect,

	d.  Item 14 (Remarks) to show his periods of service in Hungary and Iraq.

2.  The applicant states, in effect, that his foreign service, awards and decorations, and military education were left off due to an administrative oversight.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 5 April 2004.

	b.  Honorable Discharge Certificate, dated 5 April 2004.

	c.  DA Form 638 (Recommendation for Award), dated 16 May 2003, and Certificate, dated 6 May 2003, awarding him the Army Achievement Medal.

	d.  Certificate of Achievement, Task Force Warrior, dated May 2003.

	e.  Certificate of Appreciation, Task Force 1-61 Infantry, dated 10 April 2003.

	f.  Undated Certificate of Achievement, John F. Kennedy Special Warfare Center and School.

	g.  Undated Certificate of Achievement, 3rd Battalion, 321st Field Artillery Regiment.
	h.  Copy of Identification Card, Task Force warrior, dated 17 January 2004.

	i.  Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, Orders 279-061, dated 6 October 2003.

	j.  Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, NATO Travel Order Number 279-061, dated 6 October 2003.

	k.  Undated Certificate of Recognition, Lifetime Membership of the U.S. Army Combat Infantryman.

	l.  Undated Certificate of Training, Combat Life Saver Course.

	m.  Certificate of Completion, Long Range Target Identification, dated 4 January 2002.

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's records show that he enlisted in the Regular Army on 12 July 2001 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Canon Crewmember).  The highest rank he attained during his military service was specialist (SPC)/E-4.  He was honorably discharged for "other designated physical or mental conditions" on 5 April 2004.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) and his Enlisted Record Brief (ERB) are not available for review with this case.


4.  Item 13 of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, the Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 13 does not list award of the Army Achievement Medal. 

5.  Headquarters, 3rd Battalion, 321st Field Artillery Regiment, Fort Bragg, North Carolina, Permanent Order Number 170-003, dated 6 May 2003, shows that the applicant was awarded the Army Achievement Medal for meritorious achievement while supporting the Special Forces Qualification Course during the period 2 May 2003 through 16 May 2003.

6.  The applicant submitted several Certificates of Achievement, Recognition, and Appreciation issued to him throughout his military service. 

7.  The applicant submitted an undated copy of his Certificate of Training showing he completed the Combat Life Saver Course.  He also submitted a copy of his Certificate of Completion, dated 4 January 2002, showing he completed the prescribed course of classroom, field, and practical application designed to develop and utilize long range target identification and final interdiction.

8.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows an entry of 0 years, 0 months, and 0 days.  

9.  The applicant submitted a copy of an undated Certificate of Achievement presented for meritorious achievement while deployed with Task Force Warrior in Taszar, Hungary, from October 2002 to May 2003.  He also provided a copy of his Task Force Warrior Identification Card, issued by the 1st Battalion, 321st Field Artillery, with an expiration date of 17 January 2004.

10.  The applicant submitted a Certificate of Appreciation, presented by the Commander, Task Force 1-61 Infantry, for meritorious service as part of the Free Iraqi Force (FIF) Training Team, Taszar, Hungary, from 7 January 2003 to 10 April 2003. 

11.  The applicant submitted a copy of Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, NATO Travel Order Number 279-061, dated 6 October 2003, directing him to travel from Fort Bragg, North Carolina, through Turkey, to the U.S. Central Command (USCENTCOM) Area of Operations (AOR) and return.  The date of departure is listed as 3 November 2003 and the expected date of return is listed as 3 November 2004.

12.  The applicant submitted a copy of Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, Permanent Orders 279-061, dated 6 October 2003, directing him to travel on a Permanent Change of Station (TCS), in support of Operation Iraqi Freedom, from Fort Bragg, North Carolina, to USCENTCOM AOR and return, effective on or about 3 November 2003.

13.  An electronic mail (email) from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 8 January 2008, confirms that the applicant received Hazardous Fire Pay/Imminent Danger Pay (HFP/IDP) in November 2003 (only) for his service in Afghanistan. 

14.  A search of the 3rd Battalion, 321st Field Artillery Regiment shows that this unit deployed to Afghanistan in support of Operation Enduring Freedom in November 2003 and returned to home base in October 2004.

15.  Army Regulation 635-5 (Separation Documents) governs the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. 

	a.  Item 12f shows the total amount of foreign service completed during the period.  This information is obtained from the Soldier's Enlisted or Officer Record Brief (ERB/ORB).

	b.  Item 13 lists decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214.
Each entry is verified by the Soldier's records.

	c.  Item 14 lists formal in-service training courses successfully completed during the period of service covered by the DD Form 214, from the ERB/ORB.  This information is to assist the Soldier in job placement and counseling.  Therefore, it does not list training courses for combat skills.



	d.  Item 18 is used for mandatory requirements when a separate block in not available and as a continuation for specific entries.  For an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the following statement will be entered:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to correction of his record to show:

	a.  his overseas service in Hungary and Iraq;

	b.  award of the Army Achievement Medal and miscellaneous Certificates of Achievement, Appreciation, and Recognition;

	c.  completion of the Combat Life Saver Course and the Long Range Target Identification and Final Interdiction Course; and, in effect,

	d.  his periods of service in Hungary and Iraq in the Remarks Item of his DD Form 214.

2.  Evidence of record shows that the applicant was awarded the Army Achievement Medal which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

3.  With respect to the applicant's Certificates of Achievement, Appreciation, and Recognition, commanders routinely recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to Soldiers Certificates of Achievement, Appreciation, or Recognition, some of local design.  The citation on such certificates is not worded so that the act of service performed appears to warrant the award of a decoration.  These certificates, however, are not annotated on the DD Form 214. 

4.  With respect to the applicant’s Combat Life Saver Course and Long Range Target Identification and Final Interdiction training.  These courses are considered training courses for combat skills and therefore not authorized on the DD Form 214.  

5.  With respect to the applicant's service in Hungary.  Evidence of record shows that he served in Taszar, Hungary, from October 2002 to May 2003.  However, the Department of Defense terminated Hungary as a designated Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) effective 15 September 1999.  Additionally, Army Regulation 614-30 (Overseas Service) does not list a prescribed overseas tour in Hungary.  As such, the applicant's service in Hungary is considered a routine training exercise that is not entered on the DD Form 214.

6.  With respect to his service in Iraq, the applicant's DD Form 214 does not list any service in Iraq.  Most available evidence suggests conflicting information regarding his service:

	a.  The applicant's name is listed on Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, Permanent Orders 279-061, dated 6 October 2003, directing him to travel on a Permanent Change of Station (TCS), in support of Operation Iraqi Freedom, from Fort Bragg, North Carolina, to USCENTCOM AOR and return, effective on or about 3 November 2003.

	b.  The applicant's name is also listed on a NATO Travel Order Number 279-061, dated 6 October 2003, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, directing him to travel from Fort Bragg, North Carolina, through Turkey, to the USCENTCOM AOR and return.  The date of departure is listed as 3 November 2003 and the expected date of return is listed as 3 November 2004

	c.  The applicant's unit of assignment deployed to Afghanistan in November 2003 and returned in October 2004.  

	d.  The applicant's separation packet shows that he underwent a mental evaluation in February 2004 at Fort Bragg, North Carolina, and that his discharge was conducted by the unit's Rear Detachment chain of command at Fort Bragg, North Carolina in March and April 2004.

	e.  During his mental status evaluation on 20 February 2004 at Fort Bragg, North Carolina, the applicant stated "If he has to go back to Iraq, he would……"

	f.  Pay records maintained by DFAS show that the applicant received Hostile Fire/Imminent Danger Pay for November 2003 for Afghanistan.  HFP/IDP is paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was:  subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  Therefore, even though the applicant may have served in Afghanistan or Iraq on any date in November 2003, he would have received HFP/IDP for the full month.

7.  In view of the foregoing, the applicant's location and duration of deployment can not be determined without further documentary evidence.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jev___  __tmr___  __jcr___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Achievement Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of Item 12f (Foreign Service) to show his overseas service in Hungary and Iraq; Item 13 to show miscellaneous Certificates of Achievement, Appreciation, and Recognition; Item 14 (Military Education) to show completion of the Combat Life Saver Course and the Long Range Target Identification and Final Interdiction Course; and, in effect, Item 14 (Remarks) to show his periods of service in Hungary and Iraq.





						James E. Vick
______________________
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.