IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001905 


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 award of the:

* Army Achievement Medal (AAM)
* Army Commendation Medal (ARCOM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Iraq Campaign Medal (ICM)

2.  The applicant states he doesn’t know why the AAM is not reflected on his   DD Form 214.  Additional awards were either awarded or he became eligible for the award after leaving active duty.  

3.  The applicant provides his DD Form 214 and DD Form 256A (Honorable Discharge 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's records show he was appointed/commissioned as a second lieutenant in the U.S. Army Reserve (USAR) effective 29 May 1999 and entered active duty that date.  He completed the Field Artillery Officer Basic Course, served in various staff or leadership positions, and attained the rank/grade of captain (CPT)/O-3.

3.  On 29 May 2004, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement) and was honorably discharged on 23 September 2008.

4.  His DD Form 214 for the period 29 May 1999 through 29 May 2004 contains the following information:

	a.  Item 12f (Foreign Service) shows he served overseas 0 years, 0 months, and 0 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear:

* National Defense Service Medal (2nd Award) (NDSM)
* Army Service Ribbon (ASR)
* Parachutist Badge
* Global War on Terrorism Service Medal (GWOTSM)

	c.  Item 18 (Remarks) shows he served in the imminent danger pay area of Southwest Asia from 22 February through 17 June 2003, a period of 3 months and 26 days.

5.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait during the aforementioned period of deployment to Southwest Asia.

6.  The applicant's service record contains a DA Form 4980-14 (Army Commendation Medal Certificate) which shows he was awarded the Army 


Commendation Medal for extraordinary service during the period 7 January 2000 to 10 April 2004 on Permanent Order Number 092-03 issued by Headquarters, 214th Field Artillery Brigade on 1 April 2004.

7.  The applicant’s record is void of orders or any other documents that indicate he was ever recommended for or awarded the AAM.

8.  Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  

10.  Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (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 ICM 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)

11.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign 


Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

12.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

13.  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 prior to the end of the period covered by the DD Form 214 should be entered in Item 13 of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show award of the AAM, ARCOM, GWOTEM, and ICM has been carefully considered and found to have partial merit.

2.  The applicant’s record fails to show and the applicant did not provide evidence which shows he was ever recommended for or received award of the AAM.  As a result, there is an insufficient evidence to support granting this portion of his requested relief.

3.  Permanent orders awarded him the ARCOM; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Evidence shows that he served a qualifying period of service in Kuwait for award of the GWOTEM.  Therefore, he is entitled to correction of his records to show the GWOTEM.  

5.  There is no evidence nor did the applicant provide evidence which shows he ever deployed to Iraq.  Regardless, Army Regulation 600-8-22 provides that under no condition will personnel or units receive the ICM, the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  Therefore, he is not entitled to award of the ICM.

6.  The applicant's DD Form 214 shows he was awarded the NDSM (2nd award); however, it appears he met the eligibility criteria for only one award of the NDSM.  As he did not request this correction, however, no change will be made to his DD Form 214 at this time.

7.  With respect to his foreign service, his MMPA shows he received Hostile Fire/Imminent Danger Pay for service in Kuwait from 22 February 2003 through 17 June 2003.  This is sufficient evidence to show he completed 3 months and 26 days of foreign service in Kuwait.  Therefore, his DD Form 214 should be corrected to show his 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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the current entry in item 12f of his DD Form 214 and adding the entry "0000  03  26"; and

	b.  adding the ARCOM and GWOTEM to item 13 of his DD Form 214.

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 awarding the AAM and ICM.  




      _________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)                                         AR20110001905



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001905



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1