BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100020802 


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:

	a.  his deployment in support of Operation Iraqi Freedom;

	b.  award of a sixth Good Conduct Medal;

	c.  his retirement rank title as first sergeant (1SG); and

	d.  that he be awarded the Iraq Campaign Medal with a bronze service star. 

2.  The applicant states, in effect, that his DD Form 214 does not correctly show his awards and rank title.  These errors are causing him problems obtaining Department of Veterans Affairs benefits.

3.  The applicant provides copies of his DD Form 214, a 16 April 2003 Noncommissioned Officer Evaluation Report (NCOER), a 1 June 2003 DA Form 4187 (Personnel Action) with an attached Letter of Release, an 8 June 2003 In Theater Deployment Validation Memorandum For Record, a Bronze Star Medal Award Certificate, award orders for a sixth Good Conduct Medal, and 15 April 2004 retirement orders.




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, with prior service in the Air Force, entered active duty in the Regular Army on 28 September 1990.  

3.  His 16 April 2003 NCOER shows he served in the duty position of first sergeant with a rank title of 1SG (E-8) from November 2002 through April 2003.

4.  A 1 June 2003 DA Form 4187 requested redeployment of personnel from the 4th Finance Battalion, Camp Pennsylvania, Kuwait following completion of mission requirements for Operations Enduring Freedom and Iraqi Freedom.  The memorandum included the applicant's name with a rank of 1SG. 

5.  The 8 June 2003 Memorandum For Record shows the applicant, as a 1SG, had completed the Operation Iraqi Freedom out-processing requirements.

6.  The applicant's record contains orders for the Army Good Conduct Medal as follows:

	a.  U. S. Army Soldier Support Center, Fort Benjamin Harrison Permanent Orders 147-004, dated 5 October 1993, 1st award for the period 28 September 1990 to 27 September 1993; 

	b.  Army Training Center and Fort Jackson Permanent Orders 354—001, dated 19 December 1996, 2nd award for the period 28 September 1993 to 27 September 1996; 

	c.  Detachment B, 510th Personnel Support Battalion Permanent Orders 323-42, dated 19 November 1999, for the 3rd award for the period 28 September 1996 to 27 September 1999; 

	d.  Bravo Detachment, 478th Personnel Services Battalion Permanent Orders 342-007, dated 8 December 2003, 6th award for the period from 28 September 1999 to 27 September 2002; and

	e.  502nd Personnel Services Battalion Permanent Orders 364-69, dated 30 December 2002, for the 4th award for the period from 28 September 1999 to 27 September 2002.

7.  The applicant's initial retirement orders, dated 7 October 2003, showed his rank title and pay grade as master sergeant, E-8.  

8.  On 15 April 2004 his retirement orders were amended to show his retired rank title and pay grade as 1SG, E-8.

9.  The applicant was released from active duty on 30 August 2004 with 20 year and 3 days of active Federal Service and 18 days of inactive service.  His DD Form 214 provides the following:

	a.  separation with a rank title and pay grade of MSG, E-8;

	b.  award of the Bronze Star Medal (2nd Award), Meritorious Service Medal (3rd Award), Air Medal (4th Award), Army Commendation Medal (6th Award), Army Achievement Medal (4th Award), Air Force Achievement Medal, Meritorious Unit Commendation (2nd Award), Army Good Conduct Medal (4th Award), National Defense Service Medal (2nd Award), Kosovo Campaign Medal, Global War On Terrorism Service Medal, Global War On Terrorism Expeditionary Medal, Southwest Asia Service Medal with three bronze service stars, Noncommissioned Officer's Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (3rd award), Kuwait Liberation Medal (Kuwait), Kuwait Liberation Medal (Saudi Arabia), Aircraft Crewman Badge, Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and the NATO Medal; and

	c.  no entry of service during Operation Iraqi Freedom.

10.  On 2 June 2008, a DD Form 215 (Correction to the DD Form 214) was issued correcting the applicant's rank title to 1SG and adding an entry showing service in Iraq in support of Operation Iraqi Freedom from 15 January 2003 through 1 July 2003.  The DD Form 215 was not incorporated into the applicant's iPERMS file.


11.  The 2 June 2008 correction of the DD Form 214 to show the rank title of 1SG and to include a statement showing service in Kuwait/Iraq from 15 January 2003 through 1 July 2003, renders these portions of the application moot and they will not be addressed further.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The regulation provides the following:

	a.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves 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.  

	b.  service members who deployed abroad for service in the Global War on Terrorism Operations qualify for the Global War on Terrorism Expeditionary Medal by reasons of service on or after 11 September, 2001 to a date to be determined

	c.  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 1 September 2010; and

	d.  Based on the applicant's period of service in Iraq, a bronze service star is authorized for wear on the Iraq Campaign Medal for the following three campaign periods:  the Liberation of Iraq, 19 March 2003 - 1 May 2003; Transition of Iraq, 2 May 2003 - 28 June 2004, and Iraqi Governance, 29 June 2004 - 15 December 2005.

	e.  no service member will be entitled to both the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that his DD Form 214 does not correctly show his awards and rank.  These errors are causing him problems obtaining Department of Veterans Affairs benefits.

2.  While the applicant had over 20 years of active Federal service, he only served on active duty in the Regular Army for 14 years, which would entitle him to a maximum of four Good Conduct Medals.  The 502nd Personnel Services Battalion Permanent Orders 364-69, dated 30 December 2002, and his DD From 214 correctly show his Good Conduct Medal as a 4th award.

3.  The erroneous award of a sixth Good Conduct Medal, promulgated by Bravo Detachment, 478th Personnel Services Battalion Permanent Orders 342-007, dated 8 December 2003, should be purged from the applicant's record. 

4.  The applicant served in Kuwait prior to the actual invasion of Iraq on 19 March 2003.  As such he is entitled to award of the already awarded Global War on Terrorism Expeditionary Medal for this period of service. 

5.  Following the 19 March 2003 invasion of Iraq, the applicant's unit was transferred to Camp Pennsylvania, Iraq.  Based on this transfer of location into Iraq the applicant became entitled to award of the Iraq Campaign Medal.  It is appropriate to correct the record by awarding him the Iraq Campaign Medal for this period of service.

6.  With award of the Iraq Campaign Medal, based on his period if service in Iraq it is also appropriate to show that the applicant is entitled to wear three bronze service stars on his Iraq Campaign Medal.

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 awarding the applicant the Iraq Campaign Medal with three bronze service stars and adding this award 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 award of a sixth Good Conduct Medal.

3.  Additionally, Bravo Detachment, 478th Personnel Services Battalion Permanent Orders 342-007, dated 8 December 2003, showing award of a sixth Good Conduct Medal, should be purged from the applicant's records.



      ____________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)                                         AR20100020802





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ABCMR Record of Proceedings (cont)                                         AR20100020802



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