IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090015827 


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, Army Commendation Medal with "V" Device, and any other awards he earned.  He also requests his first name and social security number (SSN) be corrected on the orders and certificate that awarded him the Purple Heart.

2.  The applicant states the permanent orders for his Purple Heart listed an incorrect first name and SSN.  Additionally, his awards are not listed on his DD Form 214.  It appears that the misspelling and omission resulted from an administrative oversight.

3.  The applicant provides a copy of Permanent Orders 201-05 and certificate, date 19 July 2004, showing award of the Purple Heart; a copy of a DA Form 638 (Recommendation for Award) and certificate, dated 22 November 2004, awarding him the Army Commendation Medal with "V" Device; a copy of his DD Form 214 for the period ending 13 June 2005; and a copy of his DD Form 215 (Correction to DD Form 214), dated 1 July 2009.

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 New York Army National Guard (NYARNG) on 17 April 2001.  Item 1 (Name - Last, First, Middle) of his DD Form 4 (Enlistment/Reenlistment Document) shows his first name as B----a- and item 2 (Social Security Number) shows his SSN as xx9-xx-7x8x.

3.  He entered active duty for training (ADT) on 5 November 2001, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from ADT to the control of his ARNG unit on 15 March 2002.  He was assigned to the 2nd Battalion, 108th Infantry, Morrisonville, NY.

4.  On 1 October 2003, he was ordered to active duty in support of Operation Iraqi Freedom with 2nd Battalion, 108th Infantry, supporting Task Force 1st Battalion, 77th Armor, 2nd Brigade, 1st Infantry Division.  He subsequently served in Kuwait/Iraq from 25 February 2004 to 22 November 2004.  He was honorably released from active duty to the control of his ARNG unit on 13 June 2005.

5.  The DD Form 214 he was issued shows his first name as B----a- and his SSN as xx9-xx-7x8x.  He authenticated this form by placing his signature in the appropriate block.  This form also shows:

	a.  Item 12f (Foreign Service) shows the entry "0000  00  00"; and

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon.

6.  On 1 July 2009, he was issued a DD Form 215 that added award of the Combat Infantryman Badge.

7.  Headquarters, 1st Infantry Division, Tikrit, Iraq, Permanent Orders 210-05, dated 19 July 2004, awarded him the Purple Heart for wounds received in action 

on 16 June 2004.  The orders listed his first name as "B----o-" and his SSN as "xx4-xx-2x4x."  The certificate also listed his first name as "B----o-."

8.  Headquarters, 2nd Brigade Combat Team, 1st Infantry Division, Permanent Order Number 327-016, dated 12 January 2005, awarded him the Army Commendation Medal with "V" Device for valor and extraordinary achievement during a rocket attack in Iraq.

9.  Multinational Force-Iraq, Permanent Orders 104-029, dated 14 April 2005, awarded Task Force 1st Battalion, 77th Armor, 1st Infantry Division, the Valorous Unit Award for meritorious service and outstanding performance during Operation Iraqi Freedom II from 12 February 2004 to 15 February 2005.

10.  Multinational Force-Iraq, Permanent Orders 104-015, dated 14 April 2005, awarded Task Force 2nd Battalion, 108th Infantry, the Meritorious Unit Commendation for meritorious service during ground combat operations against enemy forces in Iraq during Operation Iraqi Freedom II from 15 February 2004 to 26 December 2004.

11.  A review of his service record shows no derogatory information in the form of nonjudicial punishment (NJP), lost time or suspension of favorable personnel actions (flag) that would have disqualified him for the first award of the Army Good Conduct Medal.  There is also no record of a commander's disqualification for this award.

12.  By message dated 8 February 2005, the Military Awards Branch, U. S. Army Human Resources Command provided clarification on award of the Army Good Conduct Medal.  It stated that Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of services for the Army Good Conduct Medal begins and the Army Reserve Components Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is off active duty.  

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states item 12 shows the Record of Service. Item 12f shows the total amount of foreign service completed during the period covered in by the DD Form 214.  
DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Purple Heart for wounds received in action on 16 June 2004.  His orders and certificate incorrectly listed his first name and his SSN.  Therefore, he should be issued a new order and certificate and the Purple Heart should also be listed on his DD Form 214.

2.  Permanent orders awarded him the Army Commendation Medal with "V" Device 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.  Permanent orders awarded his units of assignment in Iraq the Valorous Unit Award and the Meritorious Unit Commendation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He served in Kuwait/Iraq from 25 February 2004 to 22 November 2004.  He completed 8 months and 29 days of foreign service.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

5.  The evidence of record shows he was ordered to active duty in support of Operation Iraqi Freedom on 1 October 2003 and he was honorably released from active duty and he was transferred to the control of his ARNG unit on 13 June 2005 after completing 1 year, 8 months, and 13 days of creditable, Federal active military service.  He attained the rank of SPC/E-4 and completed nearly 9 months of combat service in Kuwait/Iraq.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this award.

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 his DD Form 214 for the period ending 13 June 2005 the entry "000  00  00" and replacing it with the entry "0000  08  29";

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 October 2003 through 13 June 2005;

	c.  adding to item 13 of his DD Form 214 for the period ending 13 June 2005 the Purple Heart, Army Commendation Medal with "V" Device, Good Conduct Medal (1st Award), Valorous Unit Award, and the Meritorious Unit Commendation; and

	d.  issuing him new orders and certificate awarding him the Purple Heart with the correct spelling of his name and correct social security number.



      __________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)                                         AR20090015827



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015827



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1