IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100020201 


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) for the period ending 13 December 2006 to add his Purple Heart (PH), Combat Action Badge (CAB), Bronze Star Medal (BSM), and BSM (2nd Award).

2.  He states, in effect, his DD Form 214 should be corrected and updated due to receipt of the new awards.  

3.  He provided:

* two DA Forms 4187 (Personnel Action) 
* a PH certificate
* permanent orders for the CAB
* a DD Form 214 worksheet
* a previous Board decision 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.  His record shows he enlisted in the U.S. Army Reserve on 23 November 1993.  The mobilization orders which order him to active duty in support of Operation Iraqi Freedom are not in the available record.

3.  He provided a DA Form 4187 that shows his unit commander requested he be awarded the PH for injuries received on 27 March 2005.  He also provided a PH award certificate that shows he received this award for wounds received in action on 27 March 2005 while serving in Iraq.  

4.  A second DA Form 4187 shows his unit commander requested he be awarded the CAB for his actions involving engagement with the enemy.  

5.  Permanent Orders 294-68 issued by Headquarters, 42nd Infantry Division (Mechanized) on 21 October 2005 show he was awarded the CAB for active engagement with an enemy force on 27 March 2005.

6.  His record contains a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 6 June 2008.  This form shows that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 13 December 2006 was amended to add the:

* PH
* Global War on Terrorism Service Medal
* Iraq Campaign Medal (ICM)

7.  As a result of this correction, the PH will not be mentioned again in this Record of Proceedings.  A copy of the DD Form 215 will be provided to the applicant.

8.  A review of his record failed to reveal any evidence and he has not provided any documentation that shows he was awarded the BSM or BSM (2nd Award).

9.  On 13 December 2006, he was discharged after completing 1 year, 5 months, and 23 days of net active service.  His DD Form 214 for this period also shows the following entries:

* Item 12f (Foreign Service) – 0000 Year(s), 00 Month(s), 00 Day(s)
* Item 13:

* National Defense Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with M Device and X Device

* Item 18 (Remarks) – “ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12301(D)//”

10.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) office shows he received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exemption (CZTE) for Kuwait from 31 December 2004 through 22 April 2005, for a total of 
3 months and 23 days.  

11.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

12.  Army Regulation 600-8-22 also states the ICM is awarded to members who have served in direct support of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  His record shows he was serving in Iraq during the Iraqi Governance Campaign (29 June 2004 - 5 December 2005).

13.  Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  

14.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form; and


	b.  for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession in item 18:

        (1) “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC”;
   
        (2) “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)”; and
   
        (3) “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS.”

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the CAB for active engagement with an enemy force on 27 March 2005.  He is therefore entitled to have this award added to item 13 of his DD Form 214. 

2.  He was previously awarded the ICM.  His records show he participated in one campaign while serving in Iraq.  Therefore, he is entitled to award of one bronze service star for wear on his already-awarded ICM.

3.  A review of his record failed to reveal any evidence and he did not provide sufficient documentation to show he was awarded the BSM or BSM (2nd Award).  Therefore, he is not entitled to this portion of the requested relief. 

4.  DFAS confirmed he received HF/IDP and CTZE for Kuwait/Iraq from 
31 December 2004 through 22 April 2005.  As a result, his DD Form 214 should be amended to show in:

* Item 12f – 0000 Year(s), 3 Month(s), 23 Day(s)

* Item 18
 
* “SERVICE IN KUWAIT/IRAQ FROM 20041231-20050422"

* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS"



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 for the period ending 13 December 2006 as follows:   

	a.  deleting from item 12f the entry "0000 00 00" and adding the entry 
“0000 03 23,"

   b.  deleting the ICM from item 13,

	c.  adding to item 13:

* CAB
* ICM with one bronze service star, and 

	d.  adding to item 18:

* “SERVICE IN KUWAIT/IRAQ FROM 20041231-20050422"

* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS"








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 BSM and
BSM (2nd Award).  




      ____________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)                                         AR20100020201





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ABCMR Record of Proceedings (cont)                                         AR20100020201



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