IN THE CASE OF:	  

		BOARD DATE:	        16 April 2009

		DOCKET NUMBER:  AR20080017686 


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) to show award of the Purple Heart and the Army Commendation Medal.  

2.  The applicant states, in effect, that the awards are not listed on his DD Form 214.

3.  The applicant provides a copy of an undated certificate showing award of the Purple Heart; and a copy of a certificate, dated 19 May 2003, showing award of the Army Commendation Medal in support of his request.  

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 Regular Army for a period of 4 years on 29 May 2002.  He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist).  He was honorably discharged on 31 July 2004 by reason of permanent disability and placed on the Retired List in the rank/grade of specialist (SPC)/E-4 on 1 August 2004.  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Presidential Unit Citation, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Army Lapel Button.  Additionally, item 12f (Foreign Service) of this form shows no period of foreign service and item 18 (Remarks) does not show any service in a deployed area.

4.  The applicant's records do not contain permanent orders awarding him the Purple Heart.

5.  An email, dated 26 March 2009, from the Deputy Chief, Army Casualty and Mortuary Affairs, Human Resources Command, Alexandria, VA, confirmed that the applicant was conducting convoy operations in Iraq on 15 June 2003 when a rocket propelled grenade (RPG) struck a civilian bus nearby.  As a result, the applicant suffered shrapnel wounds to his right leg.  

6.  Headquarters, Aviation Brigade, Hunter Army Airfield, GA, Permanent Orders Number 139-20, dated 19 May 2003, show the applicant was awarded the Army Commendation Medal for meritorious service while serving in support of Operation Iraqi Freedom from 21 March 2003 to 17 April 2003.

7.  A staff member of the Army Board for Correction of Military Records contacted the applicant on 31 March 2009 to verify his period of service in Iraq.  The applicant indicated that he served in Kuwait/Iraq from on or about 15 January 2003 to 21 June 2003 (the date he was evacuated from theater).

8.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 4 April 2009, confirms that the applicant received HFP/IDP for service in Kuwait/Iraq from 1 January 2003 to 30 June 2003. 

9.  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.  

10.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) 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.  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. No service member will be entitled to both medals for the same act, achievement or period of 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  (1) 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; or (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) 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. 

12.  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 applicant's records show he participated in the Liberation of Iraq 

(19 March 2003 to 1 May 2003) and the Transition of Iraq (2 May 2003 to
28 June 2004) campaigns during his tour of duty in Iraq.  Army Regulation
600-8-22 states, in pertinent part, that a bronze service star will be awarded for wear on the Iraq Campaign Medal for participation in each campaign.

13.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal (GWOTEM) 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:

(1)  be engaged in actual combat against the enemy and under 
circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE;

(2)  is killed, wounded or injured requiring medical evacuation from the AOE 
while participating in the designated operation, regardless of time; or 

(3)  service members participating as a regularly assigned air crew member 
flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM.

13.  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 his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for item 12f from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the net active service this period.  It also states that item 18 of the Soldier's DD Form 214 is used for mandatory 

requirements when a separate block is not available.  For an active duty Soldier deployed with his/her unit during his or her continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD– YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in Iraq as a result of hostile action on 15 June 2003 and was awarded the Purple Heart; however, it is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious service, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows that the applicant served in Kuwait from
15 January 2003 to 18 March 2003 and in Iraq from 19 March 2003 to 20 June 2003.  Therefore, he is entitled to correction of his records to show he completed a total of 5 months and 4 days of foreign service.

4.  The applicant's service in Kuwait qualifies him for award of the Global War on Terrorism Expeditionary Medal.  Additionally, his service in Iraq qualifies him for award of the Iraq Campaign Medal.  Furthermore, the applicant participated in two campaigns while serving in Iraq and is entitled to award of two bronze service stars to be affixed to the Iraq Campaign Medal.  Therefore, he is entitled to correction of his records to show these two awards.

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.  deleting from item 12f of the applicant's DD Form 214 the entry
"0000  00  00" and replacing it with the entry "0000  05  04";

	b.  adding to item 13 of his DD Form 214 the Purple Heart, Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, and the Global War on Terrorism Expeditionary Medal; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030115 - 20030620."


															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)                                         AR20080017686



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ABCMR Record of Proceedings (cont)                                         AR20080017686



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