IN THE CASE OF:	  

		BOARD DATE:	        5 March 2009

		DOCKET NUMBER:  AR20080017348 


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) for the period ending 19 September 2003 to show his foreign service in Iraq; the correct rank/grade as private first class (PFC)/E-3; all awards, decorations, medals, and campaigns he has earned; and the listing of the combat patch. 

2.  The applicant states that he knew his DD Form 214 contained errors at the time of his separation and he brought up the issues to officials at the U.S. Army Transition Center, Fort Drum, NY, but that no action was taken.  He adds that he served in Iraq in support of combat operations and should be entitled to certain awards and decorations and that he was advanced to PFC/E-3.

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

	a.  a copy of his DD Form 214, dated 19 September 2003;

	b.  a copy of DA Form 4187 (Personnel Action), dated 1 September 2002, advancement to PFC/E-3; 

	c.  a copy of Permanent Orders 162-1, issued by Headquarters, 3rd Armored Cavalry Regiment, dated 11 June 2003; and

	d.  a copy of Permanent Orders 073-306, issued by Headquarters, Joint Readiness Training Center, Fort Polk, LA, dated 15 March 2003.
4.  On 14 and 19 February 2009, by fax, the applicant submitted the following additional documentary evidence in support of his request:

	a.  a copy of an internet article, dated 11 February 2009, pertaining to the 94th Military Police Company's redeployment from Iraq;

	b.  a copy of Orders 20-2 issued by the Military Entrance Processing Station (MEPS), Boston, MA, dated 31 January 2002;

	c.  a copy of his DD Form 214, dated 24 July 2002;

	d.  a copy of his DA Form 31 (Request and Authority for Leave), dated 17 June 2003;

	e.  a copy of a certificate, dated 29 January 2004, showing award of the Army Achievement Medal;

	f.  a copy of a memorandum for record, dated 19 February 2009 pertaining to award of the Army Achievement Medal; and 

	g.  a copy of undated memorandum, showing award of the Valorous Unit Award.

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 he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years in the rank/grade of private (PVT)/E-1 on 29 January 2002.  

3.  The applicant's records also show he entered active duty for training (ADT) on 24 July 2002, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 95B (Military Police).  He was advanced to private (PV2)/E-2 on 1 March 2002 and was honorably released from ADT to the control of his USAR unit, the 94th Military Police Company, Londonderry, NH, on 27 November 2002.

4.  Item 14 (Military Education) of the DD Form 214 he was issued on                27 November 2002 shows he completed the 17-week Military Police Course in 2002.

5.  On 1 September 2002, the Commander, 94th Military Police Company, published a DA Form 4187 announcing the applicant's advancement to PFC/E-3 with a date of rank and effective date as 1 September 2002.  

6.  On 5 December 2002, the applicant was ordered to active duty, in the rank of PV2/E-2, as a member of his Reserve unit in support of Operation Enduring Freedom for a period of 365 days.  He was further ordered to report to Fort Drum, NY, effective 8 December 2002.

7.  On 15 March 2003, Headquarters, Joint Readiness Training Center, Fort Polk, published Permanent Orders 073-306, directing the 94th Military Police Company to a temporary change of station (TCS) move from Fort Polk to the U.S. Army Central Command (CENTCOM) Area of Responsibility (AOR), effective 5 April 2003, in support of Operation Enduring Freedom.

8.  On 17 December 2003, Headquarters, 94th Regional Readiness Command (RRC), Ayer, MA, published Orders A-03-351-00333, further amending the applicant's period of active duty from 365 days to 565 days.  The orders list the applicant's rank as that of a PFC.

9.  On 17 June 2003, the applicant requested and was authorized to depart Camp Rifle, Iraq, on emergency leave as a result of a Red Cross message.  

10.  On 11 September 2003, by memorandum, the Commander, U.S. Army Garrison, 10th Mountain Division, Fort Drum, NY, approved the applicant's voluntary separation under the provisions of chapter 6 of Army Regulation
635-200 (Personnel Separation – Enlisted Personnel) by reason of dependency.

11.  The applicant's records show he was honorably discharged on 19 September 2003.  The DD Form 214 he was issued shows he completed 9 months and 15 days of active Federal service.  This form also shows the following entries:

	a.  items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) show the entries PV2/E-2, indicating that at the time of his separation, his rank/grade was that of private (PV2)/E-2;

	b.  item 12f (Foreign Service) shows the entry "0000  00  00" indicating that he did not complete any foreign service during the period covered by this DD Form 214;

	c.  item 12h (Effective Date of Pay Grade) shows the entry "2002  03  01; 

	d.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon; and

	e.  item 18 (Remarks) shows the applicant was ordered to active duty in support of Operation Enduring Freedom, but does not list any service in a designated Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) area.

12.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 24 February 2009, confirms that the applicant received HFP/IDP from 21 April 2003 to 15 August 2003 for service in Kuwait.

13.  HFP/IDP is a military entitlement 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.

14.  The applicant's records contain a copy of a certificate, dated 29 January 2004, that shows the applicant was awarded the Army Achievement Medal for meritorious service in support of the 94th Military Police Company during mobilization activities in preparation for a mission in support of Operation Enduring Freedom.  

15.  Headquarters, 655th Area Support Group, Devens Reserve Forces Training Area, MA, Permanent Orders 04-41-112, dated 29 January 2004, show the applicant was awarded the Army Achievement Medal for meritorious service.  However, the certificate does not list the period of service.

16.  The applicant submitted a memorandum for record, dated 19 February  2009, in which the Commander, 94th Military Police Company confirms that      he (the applicant) was awarded the Army Achievement Medal for service from    5 December 2002 to 19 September 2003 and that the original DA Form           638 (Recommendation for Award) could not be located.

17.  The applicant submitted a copy of an internet article of a press release by the 94th RRC Public Affairs Office showing the 94th Military Police Company was first mobilized in December 2002, deploying 166 Soldiers in support of Operation Enduring Freedom from 5 December 2002 to 20 April 2003, and that unit members completed mobilization training at Fort Drum and performed Law Enforcement Operations at Fort Polk.

18.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

19.  The applicant submitted an undated memorandum from the U. S. Army Human Resources Command (USAHRC) Awards Branch informing the Commander, Headquarters, 3rd Armored Cavalry Regiment, that the Regiment and its assigned, attached, and operational control (OPCON) units are awarded the Valorous Unit Award from 25 April 2003 to 18 September 2003. Additionally, the Awards and Decorations Branch of the USAHRC website also confirms that the 3rd Armored Cavalry Regiment and its assigned, attached, and OPCON units, were awarded the Valorous Unit Award for the period 25 April 2003 to 18 September 2003.  Furthermore, Army documents show that the applicant's unit was OPCON to the 3rd Armored Cavalry Regiment.

20.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  Chapter 2 of this Regulation contains guidance on the preparation of the DD Form 214.  Items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation, from the Soldier's Enlisted Record Brief (ERB).  Item 12f entry is obtained from the Soldier's ERB and shows the total amount of foreign service completed during the period covered by the DD Form 214.  Item 18 of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available and as a continuation for selected entries.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (Name of County Deployed) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD).”

21.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 
Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria (1) initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom; or all Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. 

22.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal 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 Iraq Campaign Medal 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.  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.  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria (a)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties, (b) is wounded or injured and requires medical evacuation from the area of eligibility, or (c) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility. 

23.  A directive issued by the Department of Defense on 16 April 2008 designated four phases of Operation Iraqi Freedom as qualifying for a campaign star:  The Liberation of Iraq, 19 March 2003 to 1 May 2003; the Transition of Iraq, 2 May 2003 to 28 June 2004; the Iraqi Governance, 29 June 2004 to 15 December 2005; and the National Resolution, 16 December 2005 to a date to be determined.  Governing regulation states that a bronze service star is awarded for wear on the Iraq Campaign Medal for participation in each campaign.

24.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 contains administrative errors with respect to his rank/grade, foreign service, awards and decorations.

2.  With respect to the applicant's rank/grade, the evidence of record shows that the applicant was advanced to PFC/E-3 on 1 September 2002.  His record is void of any reduction orders between the time he was advanced and the time he was discharged.  Therefore, he is entitled to correction of his DD Form 214 to show his rank/grade as PFC/E3 and his effective date of pay grade as 1 September 2002.

3.  With respect to the applicant's foreign service, the evidence of record shows that the applicant was assigned to a unit that was directed to deploy to the CENTCOM AOR in support of Operation Enduring Freedom effective 5 April 2003.  He departed the AOR on emergency leave on 18 June 2003, but did not 
return.  He was subsequently processed for discharge on 19 September 2003.  Since the applicant's pay records show that he received HFP/IDP from 21 April 2003 to 15 August 2003, it appears that the applicant's service from 5 April 2003 to 18 June 2003 is consistent with his pay records at DFAS.  Therefore, there is sufficient evidence to correct his records to show he completed a period of          2 months and 13 days of foreign service in Iraq from 5 April 2003 to 18 June 2003.
4.  The applicant's service in Iraq from 5 April 2003 to 18 June 2003 is a qualifying period for award of the Iraq Campaign Medal, which is not shown on his DD Form 214.  Additionally, the applicant's records show that he participated in the Liberation of Iraq and the Transition of Iraq campaigns during his tour of duty in Iraq.  Therefore, he entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

5.  The applicant also served a period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to the Global War on Terrorism Service Medal and correction of his DD Form 214 to show this award.

6.  The evidence of record shows the applicant was awarded the Army Achievement Medal for meritorious service from 5 December 2002 to 19 September 2003.  Although this award was signed and awarded on 29 January 2004, four months after his discharge from active duty, and although the certificate does not show the period of service, the meritorious service clearly refers to his period of service while with the 94th Military Police Company.  There is sufficient evidence to suggest that this award would have been listed on his DD Form 214 had it been processed in a timely manner; therefore, in the interest of equity, the applicant's DD Form 214 should be corrected to show this award.

7.  The evidence of record further shows that the applicant's unit, the 94th Military Police Company, was OPCON to the 3rd Armored Cavalry Regiment during the period the unit was awarded the Valorous Unit Award for valorous service during the period 25 April 2003 to 18 September 2003.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit award.

8.  The shoulder sleeve insignia for former wartime service is an item of uniform wear.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.  

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:

	a.  deleting the entries "PV2" and "E-2" from items 4a and 4b of his 2003 DD Form 214 and replacing it with the entries "PFC" and E-3," respectively;

	b.  deleting the entry "2002  03  01" from Item 12h of his 2003 DD Form 214 and replacing it with the entry "2002  09  01";

	c.  deleting the entry "0000  00  00" from Item 12f of his 2003 DD Form 214 and replacing it with the entry "0000  02  13";

	d.  adding the Global War on Terrorism Service Medal, the Army Achievement Medal, the Valorous Unit Award, and the Iraq Campaign Medal with two bronze service stars to item 13 of the applicant's DD Form 214; and

	e.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030405-20030618" to item 18 of the applicant's 2003 DD Form 214.

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 adding the shoulder sleeve insignia for former wartime service to his DD Form 214.



															XXX
      ______________________
               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)                                         AR20080017348



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ABCMR Record of Proceedings (cont)                                         AR20080017348



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