IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090010563 


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) for the period ending 20 November 2005 as follows:

	a.  item 7a (Place of Entry into Active Duty) to show "Fargo, ND" instead of "Redmond, OR"; and

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the Purple Heart, Army Good Conduct Medal, Overseas Service Ribbon, Combat Infantryman Badge, Driver and Mechanic Badge, and the Montana Noble Eagle Ribbon.

2.  The applicant states that the awards were not noted on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
20 November 2005; a copy of a certificate, dated 6 September 2005, showing award of the Purple Heart; a copy of a memorandum, dated 15 November 2005, authorizing him the Overseas Service Ribbon; a copy of Permanent Orders
284-28, dated 11 October 2005, showing award of the Army Good Conduct Medal (first award); a copy of a Purple Heart award recommendation with allied documents; and a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 20 May 2008, 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 North Dakota Army National Guard (NDARNG) at the Fargo, ND, Military Entrance Processing Station (MEPS) on 21 November 2001 for a period of 8 years.  Item 3 (Home of Record) of his DD Form 4 (Enlistment/Reenlistment Document) shows his HOR as "Ellendale, ND" and item 3 (Place of Enlistment) shows the entry "Fargo, ND."

3.  The applicant’s records further show he executed an interstate transfer to the Montana Army National Guard (MTARNG) on 31 May 2002.  He was subsequently ordered to active duty for training (ADT) on 13 November 2002, completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from ADT to the control of his ARNG unit on 14 March 2003.  He was assigned to Company A, 1st Battalion, 163rd Infantry, Great Falls, MT.

4.  On 10 June 2004, the applicant was reassigned to B Company, 1st Battalion, 163rd Infantry, Great Falls, MT.

5.  On 28 June 2004, the applicant was ordered to active duty as a member of his unit, the 1st Battalion, 163rd Infantry, in support of Operation Iraqi Freedom.  He was ordered to report to home station in Great Falls, MT, and mobilization station at Fort Bliss, TX.

6.  The applicant’s records further show he subsequently served in Kuwait/Iraq from 28 November 2004 to 29 October 2005.  He was honorably released from active duty to the control of his ARNG unit on 20 November 2005.  The DD Form 214 he was issued shows he completed 1 year, 4 months, and 23 days of creditable active service.  This form further shows the following entries: 

	a.  item 7a shows the entry "Redmond, OR"; and
	b.  item 13 shows he was awarded the Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, Armed Forces Reserve Medal with "M" Device, Global War on Terrorism Service Medal, and the Iraq Campaign Medal.  Item 13 does not show his requested awards.

7.  Headquarters, Task Force 1-163rd Infantry, Iraq, Permanent Orders 284-28, dated 11 October 2005, show the applicant was awarded the Army Good Conduct Medal (1st Award) from 28 June 2004 to date of separation on or about 10 November 2005.

8.  Headquarters, 42nd Infantry Division, Iraq, Permanent Orders 249-26, dated 6 September 2005, show the applicant was awarded the Combat Infantryman Badge on 25 July 2005.

9.  Headquarters, 116th Brigade Combat Team (Forward) recommendation and supporting medical documentation show the applicant's entitlement to award of the Purple Heart for wounds received in action on 6 September 2005 in Iraq.  A Purple Heart Certificate was also presented to the applicant, signed by The Adjutant General, nearly 2 years after his wounding in Iraq.

10.  Headquarters, Task Force 1-163rd Infantry, Iraq, Permanent Orders 192-37, dated 11 July 2005, show the applicant was awarded the Driver Badge with Component Bar-W. 

11.  Headquarters, Task Force 1-163rd Infantry, Iraq, memorandum, dated 15 November 2005, shows the applicant is authorized award of the Overseas Service Ribbon for service in Iraq from 18 November 2004 to 29 October 2005 (incorrectly shown as 1 December 2005 to 30 October 2006).

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  Item 7a and b show place of entry on active duty and the home of record at time of entry, respectively.  The Soldier’s initial enlistment contract or appointment document is the source for this data, or any approved change by the Army.  Item 7a shows the city and state where the Soldier entered active duty. Item 7b (Home of Record) shows the street, city, state and ZIP code listed as a Soldier’s home of record. "Home of Record" is the place recorded as the home of record of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of 
active duty.  This cannot be changed unless there is a break in service of at least 1 full day (Joint Federal Travel Regulations, Volume 1, App A, Part I).  Home of record is not always the same as the legal domicile as defined for income tax purposes.  Legal domicile may change during a Soldier’s career.

13.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

14.  In April 2008, the Department of Defense (DOD) authorized service stars to recognize service members for participating in the following campaigns during Operation Iraqi Freedom: Liberation of Iraq, from 19 March 2003 to 1 May 2003; Transition of Iraq, from 2 May 2003 to 28 June 2004; Iraqi Governance, from 29 June 2004 to 15 December 2005; and National Resolution, from16 December 2005 to a date to be determined.  Army Regulation 600-8-22 (Military Awards) provides that bronze service stars will be worn on the appropriate campaign or service medal including the Iraq Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of records shows the applicant was awarded the Purple Heart for injuries sustained as a result of hostile action in Iraq on 6 September 2005.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Permanent orders awarded the applicant the Army Good Conduct Medal (1st Award), Combat Infantryman Badge, and the Driver and Mechanic Badge with Driver "W" Bar, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

3.  With respect to the Overseas Service Ribbon, the available evidence shows the applicant completed a period of 11 months and 2 days of foreign and/or 
overseas service in Iraq from 28 November 2004 to 29 October 2005.  This period of service is sufficient to award him the Overseas Service Ribbon.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record shows the applicant served in Iraq from 28 November 2004 to 29 October 2005 and he was awarded the Iraq Campaign Medal.  Additionally, he participated in one campaign (Iraqi Governance) during his service in Iraq.  Therefore, he is entitled to a bronze service stars to be affixed to his already-awarded Iraq Campaign Medal.

5.  With respect to the place entered on active duty, the evidence of record shows that the applicant was transferred from the NDARNG to the MTARNG on 31 May 2002.  He was subsequently ordered to active duty while assigned to his MTARNG unit Great Falls, MT and it appears he entered active duty there.  Therefore, his DD Form 214 should be corrected to show "Great Falls, MT" as the city and state where he entered active duty.

6.  With respect to the State ribbons, State awards are not governed by or listed in Army Regulation 600-8-22.  Therefore, the entry of State awards on the applicant's DD Form 214 is not authorized.  By regulation, only awards authorized by Army Regulation 600-8-22 are entered in item 13 of the DD Form 214.  Given that his State ribbons/medals are not awards recognized by Army Regulation 600-8-22, even had they been received during the active duty period covered by the DD Form 214, they would not be an authorized entry. Therefore, there is no basis to grant this portion of the applicant's requested relief.

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 correcting his DD Form 214 for the period ending 20 November 2005 by:
	a.  deleting from item 7a the entry "Redmond, OR" and replacing it with the entry "Great Falls, MT";

   b.  deleting from item 13 the Iraq Campaign Medal; and

	c.  adding to item 13 the Purple Heart, Army Good Conduct Medal (1st award), Iraq Campaign Medal with one bronze service star, Combat Infantryman Badge, Driver and Mechanic Badge with Driver "W" Bar, and the Overseas Service Ribbon.

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 entering in item 7a "Fargo, ND" and adding to item 13 the Montana Noble Eagle Ribbon.



      ___________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)                                         AR20090010563



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ABCMR Record of Proceedings (cont)                                         AR20090010563



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