IN THE CASE OF:	  

		BOARD DATE:	       23 October 2008

		DOCKET NUMBER:  AR20080010457 


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 that his records be corrected to show all of his awards and recognition of his service in Korea, Kuwait, and Iraq.  

2.  The applicant states all of his awards and combat ribbons are not noted on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides copies of his DD Form 214 and letter orders discharging him from the United States Army Reserve (USAR), in support of his 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's active duty iPERMS (interactive Personnel Electronic Records Management System) record does not contain any information on the applicant's duty assignments.  The totality of his record consists of his enlistment contract, his DD Form 214, letter orders discharging him from the United States Army Reserve (USAR), a certificate for award of the Army Achievement Medal, orders awarding him the Driver and Mechanic Badge with Driver-W Bar, and two copies of his Veteran's Education Assistance Act of 1984 (GI Bill) election form. 

3.  The applicant entered active duty on 23 March 2000.  

4.  An award certificate shows that in accordance with Headquarters, 2nd Battalion, 8th Infantry Regiment, Fort Hood, Texas, Permanent Orders Number 191-47, the applicant was awarded the Army Achievement Medal for the period
1 May 2002 to 31 May 2002.

5.  Headquarters, 2nd Battalion, 8th Infantry Regiment, Muqdadiyah, Iraq Permanent Orders 182-1, dated 1 July 2003, awarded the applicant the Driver and Mechanic Badge with Driver-W Bar for the period of service from 1 July 2002 to 30 June 2003.

6.  The applicant was released from active duty and transferred to the USAR Control Group (Reinforcement) as a specialist (SPC)/E-4 on 22  March 2004.  

7.  His DD Form 214 provides the following pertinent information:

	a.  service in military occupational specialty 31U (Signal Support Systems Specialist) for 3 years and 6 months;

	b.  4 years net active duty;

	c.  11 months and 27 days of foreign service; and
 
	d.  award of the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Army Lapel Button.

8.  A review of the applicant's pay records through the Defense Finance and Accounting Service (DFAS) shows he received Imminent Danger Pay (IDP) from 11 April 2003 through 17 December 2003.




9.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2–9 (Burden of proof) states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

10.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined;

	b.  the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed in designated AOE abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined;

	c.  the Iraq Campaign Medal is authorized for individuals who served in direct support of Operation IRAQI FREEDOM.  The Iraq Campaign Medal period of eligibility is from on or after 19 March 2003 to a future date to be determined; and

	d.  service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant received Imminent Danger Pay from 11 April 2003 through 17 December 2003.  However, due to a lack of proper record keeping, there is no available documentation to show specifically where the applicant served or for what period.  Therefore correction of his DD Form 214 to show where and when he served overseas cannot be accomplished.

2.  Without verification where and when the applicant served, the presumption of regularity must be applied and no correction of the record can be afforded the applicant on the issue of reflecting the location or period of his foreign service.


3.  The official record contains an award certificate that lists the official orders for the Army Achievement Medal and copies of the orders for the Driver and Mechanic Badge with Driver-W Bar.  It is appropriate to correct the record to reflect the applicant's receipt of these awards.

4.  The applicant served during the period for which the Global War on Terrorism Service Medal is authorized.  It is appropriate to show that the applicant is authorized this award.

5.  The applicant's orders for the Driver and Mechanic Badge with Drive-W Bar shows he was attached to the 2nd Battalion, 8th Infantry Regiment, Muqdadiyah, Iraq during the period for which the Iraq Campaign Medal was authorized.  It is appropriate to show that the applicant is authorized this award. 

6.  Since the exact dates of the applicant's foreign service are not of record it is impossible to determine if the applicant served in the designated AOE for award of the Global War on Terrorism Expeditionary Medal prior to the period covered by his award of the Iraq Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X___  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 that in addition to the awards listed on his DD Form 214, the applicant is also authorized award of the Army Achievement Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, and the Driver and Mechanic Badge with Driver-W Bar.




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 the DD Form 214 to reflect the specific locations of the applicant's foreign service or any additonal awards except those listed above.



      _________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)                                         AR20080010457



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ABCMR Record of Proceedings (cont)                                         AR20080010457



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