IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100026786 


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 all his medals, commendations, and deployments.

2.  The applicant states his DD Form 214 is missing his deployments to Egypt (Operation Bright Star) from 8 September to 19 November 2001 and to Kuwait from 14 January to 31 July 2003; and campaign and commendation medals.  He also states he received a shell fragment wound to his face from artillery mortar and he was not awarded the Purple Heart.

3.  The applicant provides:

* two DA Forms 638 (Recommendation for Award)
* a certificate for award of the Army Commendation Medal
* a certificate for award of the Army Achievement Medal
* 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.  He enlisted in the Regular Army on 7 March 2001 for a period of 4 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 88N (Traffic Management Coordinator).

3.  Section VIII (Awards and Decorations) of his Enlisted Record Brief (ERB) shows the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

4.  On 17 February 2004, he was honorably discharged due to parenthood.  He completed 2 years, 11 months, and 11 days of creditable active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he was awarded or is authorized the:

* Army Lapel button
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon

5.  Item 18 (Remarks) shows the entry "SERVICE IN SOUTHWEST ASIA
20030709 - 20030805."

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for: 

* Egypt from 8 September 2001 to 19 November 2001
* Kuwait from 4 January 2003 to 31 July 2003

7.  There are no orders in his official military personnel file (OMPF) awarding him the Purple Heart.  His service medical records are not available for review.  He is not listed on the Defense Casualty Information Processing System (DCIPS) at Human Resources Command (HRC).

8.  He provided an approved DA Form 638, dated 1 November 2001, and the corresponding certificate that shows Permanent Orders 01-238-1, issued by the 49th Movement Control Battalion, Fort Hood, TX, awarded him the Army Achievement Medal for exceptional achievement during Operation Bright Star.

9.  He provided an approved DA Form 638, dated 20 June 2003 and corresponding certificate that shows Permanent Order 179-15, issued by the
3rd Transportation Agency Movement Control, awarded him the Army Commendation Medal for meritorious achievement during Operation Enduring/Iraqi Freedom.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.

	a.  The ERB is among those source documents to be used when preparing the DD Form 214.

	b.  When an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, enter in item 18 the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in his OMPF awarding him the Purple Heart, his service medical records were not available for review, and he is not listed on the DCIPS. Therefore, there is insufficient evidence to award the Purple Heart in this case.

2.  The DA Form 638, dated 1 November 2001, shows he was approved for award of the Army Achievement Medal.  His ERB shows only one Army 

Achievement Medal; however, his DD Form 214 shows he was awarded two Army Achievement Medals.  Therefore, it appears this award was already included on his DD Form 214.

3.  The DA Form 638, dated 20 June 2003, shows he was awarded the Army Commendation Medal.  The Army Commendation Medal is also shown on his ERB.  Therefore, this award should be added to his DD Form 214.

4.  The ERB is a source document for entries on the DD Form 214.  The following awards are listed on his ERB and not on his DD Form 214:

* Overseas Service Ribbon
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

Therefore, these awards should be added to his DD Form 214.

5.  It appears the entry on his DD Form 214 indicating he was deployed to Southwest Asia from 9 January to 5 August 2003 refers to his deployment to Kuwait.  Based on the information received from DFAS this information is incorrect and, therefore, should be deleted.

6.  The applicant states and DFAS confirmed he was deployed to Egypt from
8 September 2001 to 19 November 2001 and to Kuwait from 14 January 2003 to 31 July 2003.  Therefore, his DD Form 214 should be corrected to accurately show his location and periods of deployment.

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

* Army Commendation Medal
* Overseas Service Ribbon
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

	b.  deleting from item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA 20030109 - 20030805; and

	c.  adding to item 18 of his DD Form 214 the entry:

* "SERVICE IN EGYPT FROM 20010908 - 20011119"
* "SERVICE IN KUWAIT FROM 20030114 - 20030731"

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 Purple Heart and adding any additional awards of the Army Achievement Medal to 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)                                         AR20100026786



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ABCMR Record of Proceedings (cont)                                         AR20100026786



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