RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070013866 


	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.




Director



Analyst

      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal (ARCOM) (2nd Award) and the Army Achievement Medal (AAM); and to show his service in Kuwait/Iraq from 23 January – 30 August 2003.

2.  The applicant states, in effect, that these items were omitted from his DD Form 214. 

3.  The applicant provides a copy of his DA Forms 638 (Recommendation for Award); a copy of his DD Form 214; and a copy of a letter certifying his service in Kuwait/Iraq.

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 served in the Regular Army from 16 February 2001 through
26 May 2004.  He was administratively discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Separations), chapter 14-12c(2), by reason of misconduct (drug abuse).  His service was initially characterized as general, under honorable conditions.

3.  On 28 June 2006, the Army Discharge Review Board granted the applicant's request to upgrade his discharge to honorable on the basis of equity, but denied his petition to change his narrative reason for discharge.  He was issued a new DD Form 214 reflecting an honorable discharge.


4.  The applicant provided a copy of a Memorandum for Record from the Battalion Adjutant, Headquarters, 2nd Battalion, 7th Infantry Division (Mechanized), Fort Stewart, Georgia, dated 11 November 2003, certifying that the applicant deployed to Kuwait/Iraq in support of Operation Iraqi Freedom from 23 January – 30 August 2003.

5.  Permanent Order Number 377-14, Department of the Army (DA), HQ, 2nd Battalion, 7th Infantry Division (Mechanized), Fort Stewart, dated 5 December 2002, awarded the applicant the Army Achievement Medal (AAM) for meritorious service for the period 18 October – 9 November 2002.  This award is not shown on his DD Form 214. 

6.  Permanent Order Number 129-74, DA, HQ, 1st Brigade, 3rd Infantry Division, Fort Stewart, dated 24 May 2003, awarded the applicant the ARCOM for the period 21 January – 25 May 2003 for exceptionally meritorious service while deployed to Kuwait from 21 January – 25 May 2003 in support of Operation Iraqi Freedom. 

7.  Permanent Orders 151-125, DA, HQ, 1st Brigade, 3rd Infantry Division, Fort Stewart, awarded the applicant the ARCOM for the period 22 January – 25 May 2003 for outstanding service while deployed to Iraq in support of Operation Iraqi Freedom.  This award is not shown on his DD Form 214. 

8.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal (ICM) must have served in direct support of Operation IRAQI FREEDOM (OIF).  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 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 to a future date to be determined by the Secretary of Defense or the cessation of OIF. 

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, for block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) list 
awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records.



10.  Army Regulation 635-5 also states 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)” will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq from 23 January – 30 August 2003.  Therefore, he is entitled to have his record corrected to show his service in Kuwait/Iraq.  

2.  Permanent Orders awarded the applicant the AAM for meritorious service.  Therefore, he is entitled to have his record corrected to show this award.

3.  Permanent Orders awarded the applicant the ARCOM (2nd Award) for exceptionally meritorious service.  Therefore, he is entitled to have his record corrected to show these awards.

4.  The applicant had a qualifying period of service in Iraq for award of the ICM. Therefore, he is entitled to award of the ICM and to have his record corrected to show this award.

BOARD VOTE:

__tsk___  __jlp___  __dwt___  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.  adding the statement “SERVICE IN KUWAIT/IRAQ FROM 20030123-20030830” in Item 18 of the applicant's DD Form 214;

	b.  adding the already-awarded AAM and ARCOM (2nd Award) to his DD Form 214; and

	c.  awarding the ICM and showing this award on his DD Form 214.



							TSK
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070013866



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508