BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100009986 


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 from Active Duty) to show award of the Army Achievement Medal (AAM), Army Good Conduct Medal (AGCM), and the Iraq Campaign Medal.

2.  The applicant states, in effect, the above awards were never entered on his DD Form 214.  He contends it would be an injustice not to add these awards to his DD Form 214 because he served in Iraq and he was awarded these medals.

3.  The applicant provides a copy of his DD Form 214.

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.  On 8 February 2001, the applicant enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP), for 8 years, in the pay grade of E-1.  He was discharged from the DEP on 6 March 2001 and enlisted in the Regular Army for a period of 6 years on 7 March 2001.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty 25B (Information Systems Operator/Analyst).  The applicant was promoted to the rank/pay grade of specialist/E-4 on 1 March 2003.

3.  A copy of an email transmission between the ABCMR and the Defense Finance and Accounting Service (DFAS), dated 23 August 2010, shows the applicant received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 8 January 2004 through 9 April 2004 for service in Kuwait.

4.  On 20 March 2003, the applicant was diagnosed with a dysthymic disorder.  It was documented that he had a history of impulsive and potentially self-destructive behaviors.  The psychiatrist opined that the applicant's disorder was so severe his ability to function effectively in a military environment was significantly impaired.

5.  The psychiatrist further opined that further retention of the applicant would be a high risk and likely create additional management problems for the commander.  He recommended that the applicant be administratively separated immediately.  Accordingly, the applicant's company commander recommended that the applicant be separated from the military under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
chapter 5-17.

6.  The applicant was separated, on 28 July 2004, under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of physical condition, not a disability and issued an Honorable Discharge Certificate.  He had served a total of 3 years, 4 months, and 22 days of net active service.

7.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows an entry of 0000 year(s), 00 month(s), and 00 day(s).

8.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.  Item 18 (Remarks) of this form does not contain any entries showing he had foreign service.

9.  The applicant contends he was awarded the AAM while serving in Kuwait. There is no entry in section VIII (Awards and Decorations) of the applicant's Enlisted Record Brief showing he was awarded the AAM.  A review of his military personnel records failed to reveal orders awarding him the AAM.

10.  Army Regulation 600-8-22 (Military Awards) states individuals authorized the Iraq Campaign Medal must have served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;  b) be medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

11.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the AAM is awarded to any member of the Armed Forces of the United States who, while serving in a non-combat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 600-8-22 provides that the AGCM is awarded to any Soldier of the U.S. Army who distinguished himself or herself 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 AGCM, disqualification must be justified.

14.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that Soldiers may be separated on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.  This regulation further indicates that when a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation.

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

16.  Paragraph 2-4 of Army Regulation 635-5 indicates that item 12f of the DD Form 214 would show the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period), which will be taken from the Soldier's Enlisted Record Brief or Officer Record Brief.

17.  Paragraph 2-4 of Army Regulation 635-5 also indicates that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following statement will be entered in item 18 of the DD Form 214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the AAM, the AGCM, and the Iraq Campaign Medal was carefully considered and partially supported by the evidence. 

2.  An email transmission between DFAS and the ABCMR confirmed the applicant received HFP/IDP and CZTE while serving in Kuwait during the period 8 January 2004 through 9 April 2004.  He served during the "Transition of Iraq" Campaign (2 May 2003 - 28 June 2004).  In view of the foregoing, he is entitled to award of the Iraq Campaign Medal with one bronze service star and to have his DD Form 214 reflect these awards.

3.  The evidence confirms that during the period covered by the DD Form 214 the applicant served in Kuwait 3 months and 2 days during the period 8 January through 9 April 2004.  As a result, it would be appropriate to amend his DD Form 214 by deleting the entry in item 12f and replacing it with the entry "0000  03  02."  Furthermore, the following entry should be added to item 18:  "SERVICE IN KUWAIT FROM 20040108-20040409."

4.  The applicant's records are void of any orders and the applicant has not provided sufficient documentation for award of the AAM.  Therefore, based on the foregoing, he is not entitled to correction of his DD Form 214 to show this medal.

5.  The applicant was released from active duty in the rank of specialist after completing 3 years, 4 months, and 22 days of net active service.  He was issued an Honorable Discharge Certificate by way of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability.  His records do not indicate that his command recommended him for award of the AGCM on the date he became eligible for this award.

6.  Although there is nothing in the applicant's record that shows the applicant was denied award of the AGCM, the available evidence does show he had a documented history of impulsive and potentially self-destructive behaviors.  Therefore, the absence of the AGCM from his record and evidence of conduct and efficiency that were contrary to good order appears sufficient to support that his chain of command intentionally decided against authorizing the award for him.  Therefore, his request for the AGCM should be denied.

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 amending his DD Form 214 to reflect the following:

	a.  item 12f - deleting "0000 00 00" and adding "0000  03  02,"

	b.  item 13 - adding the Iraq Campaign Medal with one bronze service star, and

	c.  item 18 – adding "SERVICE IN KUWAIT FROM 20040108-20040409."

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 AAM and the AGCM.



      ___________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)                                         AR20100009986



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)