IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100029457 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) (4th Award), Army Achievement Medal (AAM) (2nd Award), the Combat Action Badge (CAB), and his service during Operation Iraqi Freedom (OIF).  

2.  He also requests, in effect, correction to his DD Form 214 to show he completed the Airborne Course and is airborne qualified.

3.  He states that his DD Form 214 contains inaccurate information.  He was awarded four ARCOMs and 2 AAMs, his DD Form 214 states 3 ARCOMs and 3 AAMs.  His DD Form 214 is also missing his CAB which his unit was awarded after he was discharged.  He served from 5 September 2003 through 9 March 2004 which is not shown on his DD Form 214.  He has copies of all of his awards.  He has talked to several Soldiers that he served with and they all received the CAB.  He also has documentation stating he was indeed deployed to Iraq during OIF.  He is eligible to receive service credit towards his retirement account, but he must first provide proof of his service during OIF on his DD Form 214.

4.  He provides:

* Airborne Course diploma
* Five DA Forms 638 (Recommendation for Award)

* Two AAM certificates
* Three ARCOM certificates
* Deployment orders
* Leave and Earnings Statements (LES) History
* LES from 1 October 2003 to 31 March 2004
* Service Member Deployment History Outprocessing Verification
* DD Form 214

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's request for corrective action to his discharge certificate be enacted to allow him the proper record for retirement credit from the State of New York when he initiates that retirement.  

2.  Counsel states that the applicant's requests are only for proper documentation of his awards, schools attended, and his service in OIF.

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 requests award of the CAB.  However, there are no orders or other evidence in his records confirming award of this personal decoration.  There is also no evidence he submitted an application for this award to the Commander, U.S. AHRC, ATTN: Veteran Services, 1600 Spearhead Avenue, Fort Knox, KY.  He has been notified by separate correspondence of the procedures for applying for this award.  As a result, the request for award of the CAB will not be further discussed in this Record of Proceedings.

3.  The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 25 January 2001.  He completed training and he was awarded military occupational specialty 21E (Heavy Construction Equipment Operator.

4.  He provided an Airborne Course diploma showing he successfully completed the course on 29 June 2001.

5.  He also provided two AAM certificates and corresponding DA Forms 638 for award of the AAM for the following:

* Outstanding achievement from 4 to 11 March 2002 awarded by Permanent Orders Number 158-11 on 12 June 2002
* Outstanding performance from 1 February to 13 May 2003 awarded by Permanent Orders Number 169-01 on 11 June 2003

6.  He further provided an ARCOM certificate for award of the ARCOM for meritorious achievement from 23 August to 23 September 2002 awarded by Permanent Orders Number 299-129 on 26 October 2002.

7.  He also provided two ARCOM certificates and corresponding DA Forms 638 for award of the ARCOM for:

* Meritorious achievement from 20 August to 7 September 2002 awarded by Permanent Orders Number 265-1 on 22 September 2002
* Meritorious service from 5 September to 12 December 2003 awarded by Permanent Orders Number 188-69 on 26 June 2004

8.  Orders Number 224-01 were issued by Headquarters, 82nd Airborne Division, on 12 August 2003, deploying him in support of OIF on or about 1 September 2003.

9.  He further provided a DA Form 638 for award of the ARCOM for exceptionally meritorious service from 10 July 2001 to 3 November 2004 awarded by Permanent Orders Number 257-4 on 13 September 2004.

10.  He was honorably released from active duty in pay grade E-5 on 24 January 2004, for completion of required active service, and was transferred to a Reserve unit.  He was credited with completing 4 years active service and no lost time.  He was also credited with 9 months of foreign service.  

11.  Item 8a (Last Duty Assignment and Major Command) of his DD Form 214 shows he was assigned to the 618th Engineer Company.

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


* ARCOM (3rd Award)
* AAM (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge

13.  Item 14 (Military Education) of his DD Form 214 does not list the Airborne Course.

14.  Item 18 of his DD Form 214 shows he served in support of OIF in Afghanistan from 18 July 2002 to 12 January 2003.  Item 18 does not show any deployment entry for service in Kuwait.

15.  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 Afghanistan from 10 July 2002 through 12 January 2003, a period of 6 months and 3 days and in Kuwait from 7 September 2003 through 9 April 2004, a period of 7 months and 3 days.

16.  Army Regulation 600-8-22 (Military Awards) states 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.  To be eligible for award of the Overseas Service Ribbon, a Soldier must complete 9 months in a continuous temporary change of station/temporary duty status in isolated areas where tour lengths have not been established.

17.  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 Item 12f (Foreign Service) will list all overseas service performed during the period covered by the DD Form 214.  It also 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).


18.  Army Regulation 635-5 also states Item 14 will list resident and military school training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214.  The list will include the title, length in weeks, and the year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the ARCOM (4th Award).  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  The evidence of record also confirms he was awarded the AAM (2nd Award). He was issued a DD Form 214 showing award of 3 AAMs.  Therefore, he is entitled to correction to his DD Form 214 to show the AAM (2nd Award).

3.  The evidence of record also shows he completed a qualifying period of service overseas for award of the Overseas Service Ribbon.  Therefore, it would be appropriate to add this award to his record at this time.  

4.  The evidence he submitted shows he successfully completed the Airborne Course in 2001.  Because airborne training is not a strictly combat skills course, the applicant's DD Form 214 should be amended to show in Item 14 he completed the Airborne Course.  

5.  The evidence of record further confirms he received HF/IDP and CZTE from 7 September 2003 through 9 April 2004, a period of 7 months and 3 days, for service in Kuwait/Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service.

6.  Item 12f of his DD Form 214 shows a credit of 9 months and 3 days of foreign service.  However, the evidence shows he served in Afghanistan from 10 July 2002 through 12 January 2003, a period of 6 months and 3 days and in Kuwait from 7 September 2003 through 9 April 2004, a period of 7 months and 3 days. Therefore, he is entitled to correction of Item 12f his DD Form 214 to show a period of 6 months and 3 days and an additional period of 7 months and 3 days for a total of 1 year, 1 month, and 6 days of foreign service.

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


BOARD VOTE:

__X_____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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  09  03" and replacing it with the entry "0001  01  06";

	b.  deleting from Item 13 of his DD Form 214 the AACOM (3rd Award) and AAM (3rd Award)

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

* ARCOM (4th Award)
* AAM (2nd Award)
* Overseas Service Ribbon

   d.  adding to Item 14 of his DD Form 214 the entry "Airborne Course, 3 weeks, 2001";

   e.  adding to item 18 of his DD Form 214 the entry “SERVICE IN KUWAIT/IRAQ FROM 20030907 - 20040409;" and 

   f.  providing him a document including these changes.



      _______ _  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)                                         AR20100029457





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029457



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1