IN THE CASE OF:	    

		BOARD DATE:	         18 September 2008

		DOCKET NUMBER:  AR20080009909 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge, the Good Conduct Medal, and any other awards to which he is entitled.  He also would like his service in Iraq to be properly documented on his DD Form 214.

2.  The applicant states, in effect, that when he brought these errors to the attention of the transition center at the time he was being separated, they told him that they would not correct his DD Form 214 and that he would have to take care of it later because they were too busy.

3.  The applicant provides copies of a DD Form 214 and Good Conduct Medal award orders as additional documentary evidence in support of this application.

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 Regular Army on 22 September 1998.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 91W (Health Care Specialist).  The applicant was released from active duty upon the expiration of his required active service on 18 April 2005 with an honorable characterization of service.  At the time of his release from active duty, the applicant held the rank of specialist (SPC)/pay grade E-4.

3.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of either the Good Conduct Medal or the Combat Action Badge.

4.  Detachment A, 38th Personnel Services Battalion, Permanent Order 075-001, dated 16 March 2005, awarded the applicant the Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity in active Federal Military Service during the period 31 May 2001 through 30 May 2004.

5.  United States Army Human Resources Command, Alexandria, Virginia, Permanent Orders 196-33, dated 9 July 2008, awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 21 December 2004.  This order also shows the applicant was a member of the 67th Combat Support Hospital which was part of the Multi-National Forces in Iraq at the time of the incident.

6.  The applicant's DD Form 214 shows he served on active duty for the period 22 September 1998 through 18 April 2005.  Block 8b (Station Where Separated) of this form shows the applicant separated from the transition center located in Kitzingen, Germany.  Block 12f (Foreign Service) of this form shows the applicant served overseas for a total of 3 years, 9 months, and 27 days.  Block 13 of this form shows award of the Global War on Terrorism Expeditionary Medal.  Block 18 (Remarks) of the DD Form 214 does not show the applicant deployed overseas for any period of time.

7.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.
8.  Defense Finance and Accounting Service records confirm the applicant received Imminent Danger Pay during the period 1 January 2004 through 31 January 2005.

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:

	a.  for Block 12f, from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period);

	b.  for Block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be certified by the Soldier’s Records.  Do not use abbreviations; and

	c.  for Block 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Good Conduct Medal, the Combat Action Badge, and the time he served in Iraq was carefully considered and determined to be with merit.

2.  Permanent Orders awarded the applicant the Good Conduct Medal (1st Award) fro exemplary conduct, efficiency, and fidelity in active Federal Military Service during the period 31 May 2001 to 30 May 2004.  Therefore, the applicant is entitled to have his records corrected to show this award.

3.  Permanent Orders awarded the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 21 December 2004 while he was a member of the Multi-National Forces in Iraq.  Therefore, the applicant is entitled to have his records corrected to show this badge.

4.  Evidence shows the applicant served as a member of the Multi-National Forces in Iraq and was paid Imminent Danger Pay during the period 1 January 2004 through 31 January 2005.  Based on the foregoing, it would be appropriate in this case to amend the applicant's records to show that he served in Iraq during this period of time.
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.  showing he was awarded the Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity in active Federal Military Service during the period 31 May 2001 through 30 May 2004;

	b.  showing he was awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 21 December 2004; and
	
	c.  adding the entry in “SERVICE IN IRAQ FROM 20040101-20050131” in Block 18 of his DD Form 214.



      _________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)                                         AR20080009909



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ABCMR Record of Proceedings (cont)                                         AR20080009909



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