BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100015703 


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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, two awards of the Army Achievement Medal, and the Army Commendation Medal.  

2.  He states these awards need to be added to his DD Form 214 because he has health issues.

3.  He provides:

* Two Army Achievement Medal certificates
* Purple Heart certificate
* Army Commendation Medal certificate
* Veteran Profile

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 provided a certificate showing he was awarded the Purple Heart for wounds received in Iraq on 25 September 2004, by Permanent Orders Number 345-56, dated 10 December 2004.  A review of his DD Form 214 shows the Purple Heart is already listed in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this form.  Therefore, the request for correction to his DD Form 214 to show award of the Purple Heart will not be discussed further in this Record of Proceedings.

3.  His military records show he enlisted in the Regular Army on 26 February 2002 for 4 years and held military occupational specialty 11C (Indirect Fire Infantryman).  He served in Germany from on or about 23 July 2002 to on or about 14 December 2005. 

4.  He provided three certificates showing he was awarded two awards of the Army Achievement Medal as follows:

	a.  Permanent Orders Number 246-03, issued by Headquarters, 2nd Battalion, 63rd Armor, on 3 October 2002, awarded him the Army Achievement Medal for outstanding achievement during Kosovo Mission Rehearsal Exercise, from 2 September 2002 to 22 September 2002.

	b.  Permanent Orders Number 194-02, issued by Headquarters, 2nd Battalion, 63rd Armor, on 13 July 2003, awarded him the Army Achievement Medal for meritorious achievement while deployed in Kosovo in support of Operation Joint Guardian, from 11 November 2002 to 24 July 2003.

	c.  Permanent Orders Number 356-29, issued by Headquarters, 3rd Brigade Combat Team, 1st Infantry Division, on 21 December 2004, awarded him the Army Commendation Medal for extraordinary service during ground combat operation against enemy forces from 15 February 2004 to 6 February 2005.

5.  His records contain a certificate showing he was also awarded a third award of the Army Achievement Medal for outstanding service, during the period from 23 July 2002 to 14 December 2005, by Permanent Order Number 340-04, issued by Headquarters, 2nd Battalion, 63rd Armor, on 6 December 2005.

6.  He was honorably released from active duty in pay grade E-4 on 11 January 2006, to attend school, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  

7.  Item 13 of his DD Form 214 lists the following awards:  the Purple Heart, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal. 

8.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operations Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999), Saber (31 March 1999 through 8 July 1999), or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE).  Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the AOE or for 60 nonconsecutive days provided this support involves entering the operations AOE or meet one or more of several other criteria.  One bronze service star will be worn for participation in each campaign, the Kosovo Air Campaign (24 March to 10 June 1999), and the Kosovo Defense Campaign, from 11 June 1999 to a date to be determined.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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 when a Soldier is serviing outside the continental U.S. on a prescribed tour and is deployed on temporary duty/temporary change of station, the original prescribed tour is not interrupted and the Soldier can get credit for two tours.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal and three awards of the Army Achievement Medal, none of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows the applicant was awarded the Army Achievement Medal for achievement during his service in Kosovo from on or about 11 November 2002 to on or about 24 July 2003 and participated in the Kosovo Defense Campaign during his service in Kosovo.  Therefore, he is entitled to award of the Kosovo Campaign Medal with a bronze service star and correction of his DD Form 214 to show this award.

3.  The evidence of record shows the applicant completed nearly 3 years and 6 months of overseas service in Germany and he was credited with an overseas service tour.  He was TDY to Iraq from 14 February 2004 to 13 March 2005 during his Germany tour.  Therefore, he is entitled to award of two Overseas Service Ribbons and correction of his DD Form 214 to show these awards.

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 adding to Item 13 of the applicant's DD Form 214 the:

* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* Two Overseas Service Ribbons
* Kosovo Campaign Medal with a bronze service star



      _______ _   _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)                                         AR20100015703



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ABCMR Record of Proceedings (cont)                                         AR20100015703



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