IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008870 


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 records to show his foreign service in Iraq and award of the Combat Infantryman Badge.

2.  The applicant states he deployed to Iraq during Operation Iraqi Freedom II from 11 March 2004 through 10 March 2005.  The time reflected in block 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) only gives him credit for the 5 months and 3 days he spent in Kuwait.  He contends block 12f should reflect 1 year, 5 months, and 2 days. Further, his dates of service in Iraq and his Combat Infantryman Badge are not listed on his DD Form 214.

3.  The applicant provides a witness statement, dated 15 June 2005, and Headquarters, 1st Brigade Combat Team, Permanent Orders 110-05, dated 19 April 2004, in support of his application.

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 enlisted in the Regular Army on 28 September 1999.  He trained in and was awarded military occupational specialty 11B (Infantryman).  On 7 July 2005, he was honorably released from active duty and transferred to the U.S. Army Reserve (Control Group) to complete his service obligation.  He completed 5 years, 9 months, and 10 days of active duty service.

3.  Block 12f of the applicant's DD Form 214 shows he completed 5 months and 3 days of foreign service.

4.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Army Commendation Medal (2nd Award), Army Achievement Medal (4th Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Expeditionary Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Expert Infantryman Badge, and Driver and Mechanic Badge with Driver-T Bar as authorized awards.

5.  His records do not contain orders awarding him the Army Good Conduct Medal.  Additionally, his records do not contain derogatory information in the form of nonjudicial punishment, suspension of favorable personnel action, or a record of court-martial or time lost that would have disqualified him from receiving the Army Good Conduct Medal.

6.  Block 18 (Remarks) of his DD Form 214 does not show he served in Iraq.  However, it does show the entry "SERVICE IN KUWAIT 001216 TO 010416."

7.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire pay for service in Kuwait for the period 11 March 2004 to 8 March 2005.

8.  He provides a statement from his company commander which affirms his deployment to Iraq from 11 March 2004 through 10 March 2005 and Headquarters, 1st Brigade Combat Team, Permanent Orders 110-05 which award him the Combat Infantryman Badge for participation in combat operations under enemy hostile fire to secure Iraq in support of Operation Iraqi Freedom.

9.  Army Regulation 635-5 (Separation Documents) prescribes that separation documents must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the active Army.  It specifically provides that:

	a.  for block 12f, the total amount of foreign service completed during the continuous period of active service will be entered; and

	b.  for block 18, enter the continuous period of active service for which a Soldier was deployed as "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD).

10.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his records be corrected to include his Iraq foreign service and award of the Combat Infantryman Badge was carefully reviewed and found to have merit.

2.  The DFAS record is sufficient evidence on which to amend block 12f of his DD Form 214 to add 11 months and 28 days of service in Kuwait/Iraq to the current entry in block 12f of "0000  05  03" and to amend block 18 of his DD Form 214 to show his dates of service in Kuwait/Iraq from 11 March 2004 through 8 March 2005.

3.  Permanent orders award him the Combat Infantryman Badge; therefore, his records should be corrected to add this award to his DD Form 214.

4.  The evidence of record confirms he served honorably during the period 
28 September 1999 through 7 July 2005.  He attained the rank/grade of SGT/E-5 and he completed a combat tour in Kuwait/Iraq.  Further, his record is void of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  It would be appropriate to award him the Army Good Conduct Medal (first award) for the period 28 September 1999 to 27 September 2002 and correct his records to show this award.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 September 1999 to 27 September 2002;

	b.  amending block 12f of his DD Form 214 to show he served 1 year, 5 months, and 1 day of foreign service;

	c.  amending block 13 of his DD Form 214 to add the Army Good Conduct Medal and Combat Infantryman Badge; and

	d.  amending block 18 of his DD Form 214 to add the entry, "SERVICE IN KUWAIT/IRAQ FROM 20040311-20050308."

2.  The Board further determined 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 correction of block 12f of his DD Form 214 to show he served 1 year, 5 months, and 2 days of foreign service.



      _______ _ 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)                                         AR20100008870



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ABCMR Record of Proceedings (cont)                                         AR20100008870



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