IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100028255 


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:

* Iraq service
* Army Commendation Medal (ARCOM) with "V" Device
* all other medals and awards to which he is entitled

2.  He states his records were not updated at the time of his discharge.

3.  He provides no additional evidence.

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's records show he enlisted in the Regular Army on 7 March 2000.  He was discharged on 15 October 2004 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, by reason of misconduct with a characterization of service of general under honorable conditions.  He was credited with 4 years, 7 months, and 9 days of active duty service at the time of his discharge.

3.  Item 12f (Foreign Service) of his DD Form 214 does not show he served overseas.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following:

* Presidential Unit Citation (Army-Air Force)
* National Defense Service Medal
* Armed Forces Expeditionary Medal (AFEM)
* Army Service Ribbon
* Global War on Terrorism Service Medal
* North Atlantic Treaty Organization Medal
* Parachutist Badge

5.  Item 18 (Remarks) of his DD Form 214 does not show he served overseas.

6.  His DA Form 2-1 (Personnel Qualification Record) shows he received two awards of the AFEM.  Additionally, his Enlisted Record Brief (ERB) shows the same information.

7.  There are no orders in the applicant's official military personnel file that show he was awarded the ARCOM with "V" Device.

8.  Information provided by the Defense Finance and Accounting Service (DFAS) verified he received hostile fire/imminent danger pay from 13 March 2001 through 4 September 2001 while assigned in Bosnia and from 21 January 2003 through 10 August 2003 while assigned in Kuwait.

9.  Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  No more than one medal will be awarded to any one service member.  For each succeeding operation, conducted in a different theater of operations or against a different enemy/armed force, justifying a subsequent award, a bronze service star is worn on the suspension and service ribbon of the medal.

10.  Army Regulation 600-8-22 states the ARCOM 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.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the ARCOM.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

13.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 requires the preparer to enter the total amount of foreign service completed from the ERB during the period covered in item 12f.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.


DISCUSSION AND CONCLUSIONS:

1.  DFAS verified the applicant received hostile fire/imminent danger pay from 13 March 2001 through 4 September 2001 while assigned in Bosnia and from 21 January 2003 through 10 August 2003 while assigned in Kuwait.  His service in Bosnia equates to 5 months and 22 days and his service in Kuwait equates to 6 months and 20 days for a total of 1 year and 12 days of foreign service.  Therefore, his DD Form 214 should be corrected to show 1 year and 12 days of foreign service in item 12f and these deployments in item 18.

2.  While the available evidence is insufficient for award of the ARCOM with "V" Device and if in fact the applicant was not awarded the ARCOM with "V" Device, this in no way affects his right to pursue his claim for the this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  His ERB and DA Form 2-1 verify he received two awards of the AFEM.  Therefore he is entitled to correction of his records to show the AFEM with one bronze service star.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the AFEM from item 24 of his DD Form 214,

	b.  adding the AFEM with one bronze service star to item 24 of his DD Form 214,

	c.  adding 1 year and 12 days to item 12f of his DD Form 214, and
	d.  adding the statements:  "SERVICE IN BOSNIA FROM 20010313-20010904" and "SERVICE IN KUWAIT/IRAQ FROM 20030121-20030810" to item 18 of his DD Form 214.

2.  The Board further determined 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 the award of the ARCOM with "V" Device.



      _______ _  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)                                         AR20100028255



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ABCMR Record of Proceedings (cont)                                         AR20100028255



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