IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100025288 


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) to show his foreign service, military education, and his awards and decorations. 

2.  The applicant states his discharge was handled expeditiously and omitted a lot of information that should have been on his discharge.

3.  The applicant provides:

* a Certificate of Achievement
* an Operation Iraqi Freedom (OIF), Task Force Ironhorse, 4th Infantry Division, Certificate of Participation
* a DD Form 1610 (Request and Authorization for TDY (temporary duty) Travel of DOD Personnel)
* a DD Form 1351-2 (Travel Voucher or Subvoucher)
* a DA Form 31 (Request and Authority for Leave)
* Orders 029-013 with roster including his name, and amendment
* an Army Commendation Medal certificate

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 enlisted in the Regular Army on 12 March 2002 and he held military occupational specialty (MOS) 31B (Military Police).  He attained the rank/grade of specialist (SPC)/E-4 and he was assigned to the 4th Military Police (MP) Company, Fort Hood, TX.

3.  Orders 029-013, issued by Headquarters, 4th Infantry Division, Fort Hood, dated 29 January 2003, as amended by Orders 087-15, dated 27 March 2003, directed his unit on a temporary change of station (TCS) effective on or about
5 April 2003, to the U.S. Central Command area of responsibility in support of OIF.

4.  His records show he was in a TDY status (prisoner escort mission) from
5 to 9 September 2003.  He departed Tikrit, Iraq to Germany on 5 September 2003 and he returned to Tikrit, Iraq on 9 September 2003.

5.  On 28 December 2003, he was authorized R&R [rest and relaxation]/ordinary leave from his forward location with the 4th MP Company, Tikrit, from
4 to 23 January 2004.

6.  The facts and circumstances surrounding his date of return from Iraq to Fort Hood, and/or entry into the Army physical disability evaluation system are unknown; however, his DD Form 214 shows he was honorably discharged on 22 July 2004 with entitlement to severance pay by reason of disability.  He completed 2 years, 4 months, and 11 days of creditable active service.  His
DD Form 214 also shows in:

* Item 11 (Primary Specialty) the entry 31B1O  Military Police, 2 years
0 months
* Item 12f (Foreign Service) the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Lapel Button, Global War on Terrorism Service Medal, National Defense Service Medal, and the Army Service Ribbon
* Item 14 (Military Education) the entry "None"
* Item 18 (Remarks) no hostile fire/imminent danger pay (HF/IDP) deployment area

7.  On 18 February 2011, by email, a Defense Finance and Accounting Service, Indianapolis, IN, official stated that per the Soldier's Master Military Pay Account (MMPA), he received HF/IDP and combat zone tax exclusion (CZTE) from 2 April 2003 through 23 March 2004 for service in Kuwait/Iraq.

8.  Permanent Orders Number 352-22 (undated,) issued by Headquarters,
4th Infantry Division, Forward Operating Base (FOB) Speicher, Iraq, awarded him the Army Commendation Medal for meritorious service while assigned to the 4th MP Company in support of OIF.

9.  He provided two certificates that show he served in Iraq with the 4th MP Company in support of OIF.  He also provided a DA Form 31 that shows he was authorized leave while in Iraq from 3 to 23 January 2004.

10.  His record is void of official orders awarding him the Army Good Conduct Medal.  Additionally, his record is void of a disqualification memorandum or any other derogatory information such as a court-martial, nonjudicial punishment, lost time, or suspension of favorable personnel actions which would have disqualified him from receiving the first award of the Army Good Conduct Medal.

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

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of 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 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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

	b.  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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	c.  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.

12.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 14, from ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214; include title, length in weeks, and year completed
* item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The available evidence confirms he served honorably on active duty during the period 12 March 2002 through 22 July 2004.  His record contains no derogatory information or evidence that shows he was denied award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

3.  With respect to his foreign service, the TCS orders he provided show his unit was ordered on a TCS move in support of OIF on or about 5 April 2003.  Although his date of return is unknown, his MMPA shows he received HF/IDP for service in Kuwait/Iraq from 2 April 2003 through 23 March 2004.  There is sufficient evidence to show he completed 11 months and 22 days of foreign service in Kuwait/Iraq.  Therefore, his DD Form 214 should be corrected to show his period of foreign service.

4.  This period of foreign service also entitles him to award of the Overseas Service Ribbon and the Iraq Campaign Medal.  Additionally, he participated in the Liberation of Iraq and Transition of Iraq campaigns and should be entitled to two bronze service stars for wear on the Iraq Campaign Medal. Therefore, his DD Form 214 should be corrected to show these awards.

5.  With respect to his military education, item 11 of his DD Form 214 shows he held MOS 31B for 2 years when he was discharged on 22 July 2004.  This indicates he completed the MP course in or around July 2002.  However, in the absence of a certificate of completion or other appropriate document to show the exact dates/duration of this training course, there is insufficient evidence to grant this portion of his request.

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 his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  11  22";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
12 March 2002 through 22 July 2004

	c.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

	d.  adding to item 18 of his DD Form 214 the entry “Service in Kuwait/Iraq From 20030402 - 20040324.”

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 adding his Military Police training to item 14 of his DD Form 214.



      __________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)                                         AR20100025288



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ABCMR Record of Proceedings (cont)                                         AR20100025288



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