IN THE CASE OF:	  

		BOARD DATE:	    12 October 2010

		DOCKET NUMBER:  AR20100009916 


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 his foreign service, the Combat Infantryman Badge (CIB), and any other awards to which he may be entitled.

2.  The applicant states that his DD Form 214 should be corrected to show:

	a.  his foreign service in Kuwait;

	b.  the CIB and any other awards to which he may be entitled; and

	c.  that he served in a hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) area.

3.  The applicant provides the following documents in support of his application:

* eligibility report
* DD Form 214
* Texas Veterans Commission memorandum 

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 military record shows he enlisted in the Regular Army on 1 July 1998.  He was trained in, awarded, and served in military occupational specialty 63W (Wheel Vehicle Repairer).

3.  The applicant's official military personnel file is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

4.  On 28 February 2001, the applicant was honorably discharged from active duty by reason of disability with severance pay.  The DD Form 214 he was issued shows he held the rank of specialist four/E-4 (SP4) and that he completed 2 years and 8 months of creditable active military service.

5.  Item 12f (Foreign Service) of his DD Form 214 contains the entry "0000  00  00" and item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:

* Army Lapel Button
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars

6.  A review of the applicant's Defense Finance and Accounting Service (DFAS) military pay record shows he received HFP/IDP and CTZE for service in Kuwait from 1 August 1999 through 31 December 1999.  It also shows that during this period he specifically served in Kuwait from 13 August 1999 through 21 December 1999.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparing the DD Form 214.  The instructions for item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214 and item 18 specifies, in pertinent part, that for active duty Soldiers deployed with their unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 prescribes the policy for award of the AGCM.  It states that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years or for the first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Paragraph 8-6 of Army Regulation 600-8-22 contains guidance on award of the CIB.  It states that in order to support award of the CIB, there must be evidence that the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to properly document his foreign service performed in Kuwait, the CIB and any other awards to which he may be entitled, and his service in an HFP/IDP and CZTE area.

2.  In this case, the evidence of record confirms the applicant completed a total of 4 months and 9 day of service in Kuwait from 13 August 1999 through 21 December 1999 as evidenced by his DFAS pay record.  As a result, it would be appropriate to correct item 12f and item 18 of his DD Form 214 accordingly.

3.  The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 1 July 1998 to 28 February 2001 and to add this award to his record and DD Form 214 at this time.

4.  By regulation, in order to support award of the CIB, there must be evidence that the member held an infantry MOS; that he was assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and that he was present and participated as an infantry Soldier with a qualifying infantry unit while it was engaged in active ground combat with enemy forces.

5.  The evidence of record in this case confirms the applicant held and served in MOS 63W as a wheel vehicle repairer.  There is no evidence showing he ever held or served in an infantry MOS.  As a result, the regulatory criteria necessary to support award of the CIB has not been satisfied in this case.

6.  There are no provisions for annotating a member's service in an HFP/IDP or CZTE area on the DD Form 214.  Accordingly, there is no basis upon which to grant this portion of the 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 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 the applicant the Army Good Conduct Medal (1st Award) for his qualifying period of honorable service from 1 July 1998 to 28 February 2001;

	b.  amending item 12f of the DD Form 214 by deleting the current entry and replacing it with the entry "0000  04  09";

	c.  adding the Army Good Conduct Medal to item 13 of the DD Form 214

	d.  adding the entry "SERVICE IN KUWAIT FROM 19990813-19991221" to item 18 of the DD Form 214; and

	e.  providing the applicant a correction to his DD Form 214 that includes these changes.

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 adding the CIB and service in an HFP/IDP and CZTE area to his DD Form 214.



      _______ _  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)                                         AR20100009916



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ABCMR Record of Proceedings (cont)                                         AR20100009916



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