IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100012109 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was discharged in the pay grade of E-5 and that all of his authorized awards be added as well.

2.  The applicant states that at the time of his discharge he was told he would be discharged in the pay grade of E-5; however, he was not and he was then told that a correction to his DD Form 214 would be made and sent to him.  Additionally, he states he would like all of his authorized awards included on his
DD Form 214.

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.  The applicant enlisted in the Regular Army on 6 February 2001 for a period of 3 years, training as a cannon fire direction specialist, and assignment to Korea.  He completed one station unit training (OSUT) at Fort Sill, Oklahoma and was transferred to Korea.  He completed his 1-year tour in Korea and was transferred to Fort Carson, Colorado.  He was advanced to the pay grade of E-4 on 
1 November 2002.

3.  His records show that he deployed to Iraq from 7 April to 23 September 2003.

4.  On 5 February 2004, he was honorably released from active duty in the pay grade of E-4.  He had served 3 years of total active service and his DD Form 214 shows he was awarded the Army Achievement Medal (2d award), the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon and his marksmanship qualification badges.

5.  A review of his official records failed to show he was promoted to the pay grade of E-5 or that he was on the promotion standing list for E-5.
6.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 
7.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq is considered an isolated area where tour lengths have not been established by  the Department of Defense.  Soldiers who serve 11 cumulative months in a     24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  A normal tour in Korea is 12-months.

8.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include the:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

9,  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show he was discharged in the pay grade of E-5 has been considered.  However, he has failed to show through the evidence submitted with his application, and the evidence of record does not show, that such was the case.  Therefore, in the absence of such evidence there appears to be no basis to approve this portion of his application.

2.  A review of the applicant's records do show, however, that he is entitled to the OSR and the KDSM for his tour in Korea.  He is also entitled to awards of the ICM with two bronze service stars and the GWOTSM for his service in Iraq.

3.  Accordingly, the above awards should be added to his DD Form 214 at this time.

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 adding the OSR, KDSM, ICM with two bronze service stars, and the GWOTSM to his DD Form 214.

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 showing that he was separated in the pay grade of E-5.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20100012109



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ABCMR Record of Proceedings (cont)                                         AR20100012109



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