IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100027810 


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 reconsideration of his previous request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

   a.  he served in Macedonia, and.
   
   b.  as new issues, he requests that blocks 12f (Foreign Service), 
13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), and 18 (Remarks) be corrected.
   
2.  He states his overseas service, awards, citations, and combat time are not correctly listed on his DD Form 214.  He states the personnel were not properly trained to do clerical work.

3.  He provides:

* Army Board for Correction of Military Record (ABCMR) Record of Proceedings Number AR20090003485
* his DD Form 214
* his Leave and Earnings Statement (LES)
* Certificate of Achievement
* two sets of orders
* two checklists


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 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.  In regard to the request for reconsideration, incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090003485 on 6 August 2009.

3.  The applicant provides new evidence which requires reconsideration. 

4.  His record shows he enlisted in the Regular Army on 25 October 2000.  

5.  He submitted the following documents:

   a.  A Certificate of Achievement, dated 20 May 2002, which shows he was awarded this certificate for exceptional performance while he was assigned to the 15th Military Intelligence Battalion, III Corps, Fort Hood, TX.

   b.  Orders Number 029-015 issued by Headquarters, 4th Infantry Division, Fort Hood, TX, dated 29 January 2003, which show he was ordered to deploy to the U.S. Central Command (CENTCOM) area of responsibility (AOR) on a date to be determined in support of Operation Enduring Freedom.  These orders show travel was authorized to Egypt, Saudi Arabia, Kuwait, Oman, Bahrain, Qatar, United Arab Emirates, Pakistan, Afghanistan, Turkey, and Uzbekistan.

   c.  Permanent Orders Number 226-43, issued by the 205th Military Intelligence Brigade, dated 24 August 2003, show he was awarded the Army Commendation Medal for the period 27 March to 31 May 2003 for meritorious achievement during combat operations against a hostile force during Operation Iraqi Freedom (OIF).

   
d.  An Out-Processing Checklist for Coalition Force Land Component Commander, dated 26 August 2003, which shows he arrived in Iraq on 
29 March 2003.

   e.  A Redeployment/Post-Deployment and Reconstitution Checklist which shows he outprocessed from Iraq on 16 September 2003.

6.  The LES that he submitted is for the period 1 – 30 September 2003 and shows he received hostile fire pay/imminent danger pay (HFP/IDP) this month.

7.  His record contains Permanent Orders Number 316-03, issued by the 15th Military Intelligence Battalion, Fort, Hood, TX, dated 12 November 2003, awarding him the Army Good Conduct Medal for the period "23" October 2000 to "22" October 2003.

8.  On 20 December 2003, he was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 3 years, 1 month, and 26 days of active service.  His DD Form 214 shows in:

   a.  Item 12f the entry 0000  00  00;

   b.  Item 13 the Army Lapel Button, National Defense Service Medal, and Army Service Ribbon; and
      
   c.  Item 18 contains no entries showing he deployed.

9.  The ABCMR Record of Proceedings Number AR 20090003484, dated 
6 August 2009, Consideration of Evidence, Paragraph 4 shows the Defense Finance and Accounting Service (DFAS) records indicate he received hostile fire pay for his service in Macedonia from 1 April to 30 September 2002 and for his service in Kuwait from 1 March to 30 September 2003.  

10.  Army Regulation 635-5 (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.  In pertinent part, it states 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.  Chapter 2 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;

	b.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form; and

	c.  item 18, for an active duty Soldier deployed 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.

11.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) states 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)

13.  Headquarters, U.S. Army Human Resources (HRC) Command message, dated 17 March 2004, announced award of the GWOTSM.  It states that this medal will be awarded to recognize all members of the Armed Forces of the U.S. serving in or in support of the GWOT operations, on or after 11 September 2001, to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show he was awarded the Army Good Conduct Medal and the Army Commendation Medal.  Therefore, he is entitled to have these awards added to his DD Form 214.

2.  The available evidence shows the applicant served a qualifying period of service for award of the Iraq Campaign Medal with two bronze service stars and the GWOTSM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The available evidence also shows he served in Iraq during the period 27 March to 16 September 2003, a period of 5 months and 21 days.  Therefore, he is entitled to correction of item 12f and item 18 of his DD Form 214 to show his foreign service.

4.  His Certificate of Achievement does not show he was deployed to Macedonia. Unfortunately, there still is no other evidence, nor did he submit any additional evidence, nor did he indicate the actual dates he was deployed to Macedonia.  In the absence of such evidence he is not entitled to have his record correct to show this period of foreign service.  

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.

2.  As a result, in regard to the new issues, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 12f of his DD Form 214 and adding 
"0000  05  21";

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

* Army Commendation Medal
* Army Good Conduct Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN IRAQ FROM 20030327 - 20030916."

3.  In regard to the applicant's request for reconsideration of his request to correct his records to show he served in Macedonia, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decisions of the ABCMR set forth in Docket Number AR20090003485 dated 6 August 2009.




      ____________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)                                         AR20100027810



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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