IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024096 


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 item 12f (Record of Service - Foreign Service), item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), and item 18 (Remarks) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states his DD Form 214 indicates he had not finished his first enlistment and this is not true as he had reenlisted in August "2004."  His DD Form 214 also does not indicate he was involved in combat operations in Kuwait and Iraq.  He served in Kuwait with the 1st Battalion, 10th Field Artillery Regiment, 3rd Brigade, 3rd Infantry Division.  He was also involved in combat operations in Operation Enduring Freedom which later became Operation Direct Freedom on 17 March 2003.  His DD Form 214 does not show overseas service.

3.  Further, he states, in effect, his DD Form 214 does not show award of the Combat Action Badge, combat stripes (properly known as overseas service bars), Armed Forces Expeditionary Medal, Iraq Campaign Medal, Primary Leadership Medal (properly known as the Noncommissioned Officer (NCO) Professional Development Ribbon), Army Commendation Medal (2nd Award) and with "V" Device, Southwest Asia Ribbon (properly known as the Southwest Asia Service Medal), Army Achievement Medal, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, Driver and Mechanic Badge with Driver-W and -T Bars, and the Presidential Unit Citation.  

4.  He provides:

* his Enlisted Record Brief (ERB)
* a DA Form 1059 (Service School Academic Evaluation Report)
* his DA Form 2166 (NCO Evaluation Report) for the period May 2003 through March 2004
* his DD Form 214
* an email from a Human Resources Analyst, Veterans Support Branch

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 requested award of the Combat Action Badge.  The ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commanding General, Army Human Resources Command, ATTN:  AHRC-PDO-PA, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant may request this award by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation 

Since the applicant has not exhausted his administrative remedy with regard to this award, no further action can be taken at this time.  This does not mean his 

application has been denied by the ABCMR or that he may not file again.  Should his case not be satisfactorily resolved and he still feels an error or injustice exists, he may submit an application with evidence of the U.S. Army Human Resources Command's denial of his request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant requested correction of item 18 of his DD Form 214 to show he completed his first full term of service.  On 23 March 2007, a DD Form 215 (Correction to DD Form 214) for the period ending 9 August 2004 was issued to show the following entries:

* "Member has completed first full term of service"
* "Continuous Honorable Active Service from 22 February 2001 to 20 August 2003"
* "Immediate reenlistment this period 22 February 2001 - 20 August 2003"

A copy of this DD Form 215 will be provided to the applicant with these Proceedings.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

4.  His military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 2 February 2001.  On 21 February 2001, he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 22 February 2001 for a period of 3 years in pay grade E-1.  He completed training and he was awarded military occupational specialty (MOS) 13B (cannon crewmember).  He was assigned to C Battery, 1st Battalion, 10th Field Artillery, 3rd Brigade, 3rd Infantry Division.

5.  He reenlisted in the RA on 21 August 2003 for a period of 3 years in pay grade E-5.

6.  A DA Form 1059, dated 9 October 2003, shows he completed the Primary Leadership Development Course on 9 October 2003.

7.  On 21 April 2004, he accepted punishment under Article 15, Uniform Code of Military Justice, for wrongfully using marijuana between 20 December 2003 and 6 January 2004.

8.  On 9 August 2004, he was discharged accordingly in pay grade E-4 with a general discharge.  He completed 3 years, 5 months, and 18 days of net active service.  Item 12 of his DD Form 214 shows the entry "0000  00  00," indicating he had no foreign service during his period of service.

9.  Item 13 of his DD Form 214 shows the:

* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

10.  Item 18 of his DD Form 214 does not show any deployment entry for service in Kuwait/Iraq.

11.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows the:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* Expert Marksmanship Qualification Badge with Grenade Bar

12.  There is no evidence he was awarded the:

* Army Commendation Medal (2nd Award) and with "V" Device
* Army Achievement Medal
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal

13.  There is also no evidence he was awarded the Driver and Mechanic Badge with Driver-W and -T Bars.

14.  The Defense Finance and Accounting Service verified the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq from 9 January 2003 through 10 July 2003, a period of 6 months and 2 days.

15.  The Army Human Resources Command, Military Awards Branch, Recently Approved Unit Awards list shows that during his period of assignment, his unit, the 1st Battalion, 10th Field Artillery, 3rd Infantry Division, was awarded the Presidential Unit Citation for the period 19 March - 1 May 2003, by pending Department of the Army General Orders (DAGO) number.  This list also states that unit awards listed are authorized to be added to the Soldier's uniform/records since copies of DAGOs are not added to Soldiers' Official Military Personnel Files (OMPF) and are not necessary to update records.

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for wear of the overseas service bar for 

service in a hostile fire zone.  The regulation authorizes one overseas service bar for each 6-month period of Federal service as a member of the U.S. Service participating in Operation Iraqi Freedom from 19 March 2003 to a date to be determined.  There are no provisions for entering the overseas service bar on the DD Form 214 as it is an item of uniform wear and not an award or decoration.  

17.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.

18.  Army Regulation 600-8-22 also states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility (AOE) 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.  During his service in Iraq, the applicant participated in the following two campaigns:

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

19.  Army Regulation 600-8-22 further states the NCO Professional Development Ribbon is awarded for successful completion of designated NCO professional development course to include the Primary Leadership Development Course.

20.  Army Regulation 600-8-22 also states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

21.  Army Regulation 600-8-22 further states the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device 

in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” Device may be worn on awards of these medals.

22.  Army Regulation 600-8-22 also states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.

23.  Army Regulation 600-8-22 further states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

24.  Army Regulation 600-8-22 also provides for award of the Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications:  

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

25.  Army Regulation 600-8-22 states the eligibility requirements for drivers require that a Soldier must:

	a.  qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55 (The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing);

	b.  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft); and

	c.  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

26.  Army Regulation 600-8-22 provides for award of the Global War on Terrorism Expeditionary Medal (GWOTEM).  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas, including Kuwait.

27.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant received HF/IDP and CZTE from 9 January through 10 July 2003, a period of 6 months and 2 days, for service in Kuwait/Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service.

2.  Evidence confirms he served in Kuwait/Iraq; therefore he is also entitled to correction of his DD Form 214 to show his dates of service in Kuwait/Iraq.

3.  Based on his service in Kuwait he is entitled to the initial award of the Global War on Terrorism Expeditionary Medal for his service from 9 January 2003 through 18 March 2003 and correction of his DD Form 214 to show this award.

4.  His further service in Kuwait/Iraq from 19 March 2003 through 10 July 2003 also entitles him to Iraq Campaign Medal with two bronze service stars for participating in two campaign phases.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The evidence of record further confirms he completed the Primary Leadership Development Course in October 2003, meeting the criteria for award of the NCO Professional Development Ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence of record also confirms he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M16) and the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these marksmanship qualification badges.

7.  General orders cited his unit for award of the Presidential Unit Citation for service from 19 March to 1 May 2003.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

8.  With respect to the overseas service bar, Army Regulation 670-1 authorizes a bar(s) for service in support of Operation Iraqi Freedom from 19 March 2003 to a date to be determined.  However, this is an item of clothing wear and as such there is no provision in the governing regulation to add it to his DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 pertaining to this portion of his request.

9.  His contention that his DD Form 214 should be corrected to show award of the Armed Forces Expeditionary Medal, Army Commendation Medal (2nd Award) and with "V" Device, and the Army Achievement Medal is acknowledged; however, he provided no official orders or corroborating documents showing he was awarded these awards.  There is also no evidence in his service personnel record that shows he was recommended for or awarded these awards.  Therefore, there is no basis for granting this portion of his request.

10.  There is also no evidence of record and he provided no evidence to show he was awarded the Driver and Mechanic Badge with Driver-W and -T Bars.  Therefore, he is also not entitled to their addition to his DD Form 214.

11.  In view of the foregoing, his records should be corrected as recommended below.

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 12f of the applicant's DD Form 214 the entry
"0000  00  00" and replacing it with the entry "0000  06  02";

	b.  adding to Item 13 of his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* NCO Professional Development Ribbon
* Presidential Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* Expert Marksmanship Qualification Badge with Grenade Bar 

   c.  adding to item 18 of his DD Form 214 the entry “SERVICE IN KUWAIT/IRAQ FROM 20030109 - 20030710."

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 correction of his DD Form 214 to show award of the Armed Forces Expeditionary Medal, Army Commendation Medal (2nd Award) and with "V" Device, Army Achievement Medal, and an overseas service bar.



      _________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)                                         AR20100024096



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ABCMR Record of Proceedings (cont)                                         AR20100024096



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