BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090005105 


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 period of foreign service be included on his DD Form 214 (Certificate of Release or Discharge from Active Duty) and he be awarded a "V" device for wear on his Army Achievement Medal.

2.  The applicant states he evacuated a wounded Soldier during an AK-47 and grenade attack.  This action warrants the "V" Device on his Army Achievement Medal.  He needs his foreign service added to the DD Form 214 for a Department of Veterans Affairs (VA) claim.

3.  The applicant provides copies of award certificates and citations for the Army Commendation Medal and Army Achievement Medal.

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 on active duty from 13 June 2000 through 30 November 2003.  A review of his pay records shows he served in Kuwait from 4 April 2003 through 12 July 2003.

3.  He was awarded the Army Commendation Medal for meritorious service as a driver in support of Operation Iraqi Freedom from 7 April 2003 through 14 May 2003 on 1 July 2003.

4.  On 6 July 2003, he was awarded the Army Achievement Medal for meritorious service as a cavalry scout for the period 13 June 2000 through 12 December 2003. 

5.  The applicant's records show his authorized awards as the Army Commendation Medal, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, and the Army Service Ribbon.

6.  His DD Form 214 does not list any foreign service.

7.  Army Regulation 635-5 (Separation Documents) provides the following pertinent directions for completing the DD Form 214:

	a.  in Block 12f (Foreign Service), enter the total amount of foreign service completed during the period covered is to be listed; and

	b.  in Block 18 (Remarks), entry of the following statement is mandatory: 
"SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

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

	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, 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 abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined; and

	c.  paragraph 6-5 provides, in pertinent part, that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he evacuated a wounded Soldier during an AK-47 and grenade attack.  This action warrants the "V" Device on his Army Achievement Medal.  He needs his foreign service added to the DD Form 214 for a VA claim.

2.  The DD Form 214 omits any reference to the applicant's period of service Kuwait and Iraq from 4 April 2003 through 12 July 2003.  It is appropriate to correct the record to properly show this service at blocks 12f and 18 on the DD Form 214.

3.  The applicant is authorized award of the Global War on Terrorism Service Medal for the period 11 September 2001 through 3 April 2003 and the Global War on Terrorism Expeditionary Medal for the period from 4 April 2003 through 12 July 2003.

4.  The applicant was awarded the Army Commendation Medal and the Army Achievement Medal for a periods of meritorious service, not a single act as would be the case in a consideration of either of these awards with a "V" device.  Additionally, the "V" Device is not authorized for wear on the Army Achievement Medal.

5.  The applicant has failed to provide and the record does not contain any official documentation to show that he committed a heroic act warranting award of a "V" Device.

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.  showing the applicant's period of service Kuwait and Iraq from 4 April 2003 through 12 July 2003 at blocks 12f and 18 on the DD Form 214; 

	b.  awarding the applicant the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal and including them on the 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 award of the "V" device.  




      _______ _   __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)                                         AR20090005105





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ABCMR Record of Proceedings (cont)                                         AR20090005105



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