IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100017710 


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 three corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 April 2004.

	a.  Change item 4a (Grade, Rate, or Rank) from PFC (private first class) to SPC (specialist);

	b.  Award and add to item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Combat Action Badge for Iraq and any other awards pertaining to Iraq; and

	c.  Correcting in items 19a (Mailing Address After Separation) and 19b (Nearest Relative) to read MI for Michigan instead of MD for Maryland.

2.  The applicant states he was a PFC for 3 years and the next rank is specialist which should be obtained through time and grade.  He states the Combat Action Badge is not listed.

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 Chief of Staff, Army approved the creation of the Combat Action Badge on 2 May 2005 (1 year after the applicant's discharge).  The Commander, U.S. Army Human Resources Command (HRC) is the approval authority for requests for award of the Combat Action Badge that are submitted outside the 90-day redeployment window.  The applicant must first submit his request for the award of the Combat Action Badge to U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available.  There is no evidence that the applicant has previously submitted a request for the award of the Combat Action Badge to HRC.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 3 August 2000 for a period of
4 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 63W (Wheel Vehicle Repairer).

4.  The applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows in:

* item 3 (Current Address) his street address in Cornell, Delta, MI 49818
* item 4 (Home of Record Address) his street address in Cornell, Delta, MI 49818

5.  The applicant served in Iraq from 11 September 2003 to 9 March 2004.

6.  On 21 April 2004, the applicant was honorably discharged for a physical condition, not a disability.  He had completed 3 years, 8 months, and 19 days of total active service.


7.  Entries on the applicant's DD Form 214 include:

* item 4a - PFC
* item 13 - shows his awards include the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal
* item 19a - his address in Cornell, MD 49818
* item 19b - an address in Cornell, MD 49818

8.  Headquarters, 24th Infantry Division, Fort Riley, KS, Orders 099-0007, dated 8 April 2004, assigned the applicant to the Fort Riley transition point for separation.  These orders identify the applicant as a PFC.

9.  The applicant's official military personnel file (OMPF) on iPERMS (interactive Personnel Electronic Records Management System) does not contain any orders advancing the applicant to specialist.

10.  The United States Postal Service (USPS) website identifies the zip code 49818 as Cornell, MI.

11.  Army Regulation 600-8-22 provides that service members qualified for the Global War on Terrorism Expeditionary Medal 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.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

12.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated that:

* the Soldier's active duty grade or rank and pay grade at the time of separation would be entered in item 4a and item 4b of the DD Form 214
* item 19a contains the mailing address and county of residence furnished by the individual at the time of separation
* item 19b contains the name and mailing address of nearest relative, furnished by the individual at the time of separation

DISCUSSION AND CONCLUSIONS:

1.  The applicant's separation orders identify him as a PFC.  Promotions are not automatic and require orders.  There are no orders in the applicant's OMPF advancing him to specialist.  Therefore, there is insufficient substantive evidence to change his rank in item 4a of his DD Form 214.

2.  The applicant's DD Form 214 shows he is authorized the Global War on Terrorism Expeditionary Medal.  He had only one period of service in Iraq.  Therefore, he can apply to receive the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal but he cannot receive both awards.  His DD Form 214 also shows he is authorized the Global War on Terrorism Service Medal.  He is not entitled to any additional campaign or service awards based on his service in Iraq.

3. The address in Cornell, MI provided by the applicant at the time of his enlistment is the same address shown as Cornell, MD on his DD Form 214.  The USPS website verifies the zip code shown in items 19a and b is for Cornell, MI not Cornell, MD.  Therefore, the preponderance of evidence indicates the state shown in items 19a and b of his DD Form 214 is in error.  The entries in items 19a and b should be corrected to show the state as MI instead of MD.

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:

	a.  deleting from item 19a of his DD Form 214 the entry "MD" and replacing it with the entry "MI" and

	b.  deleting from item 19b of his DD Form 214 the entry "MD" and replacing it with the entry "MI."
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 his rank or additional awards for service in Iraq.



      __________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)                                         AR20100017710



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ABCMR Record of Proceedings (cont)                                         AR20100017710



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