IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011143 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 June 2005 to show:

* his foreign service time
* the Armed Forces Reserve Medal with "M" Device
* the Iraq Campaign Medal with one bronze service star
* the Overseas Service Ribbon
* a second award of the National Defense Service Medal
* he completed the Warrior Leader Course
* his deployed service in Iraq
* his current mailing address and the current name and address of his nearest relative

2.  The applicant states:

* he was not available to sign or verify the accuracy of his DD Form 214
* he served two tours in Iraq and discovered the errors on his second tour

3.  The applicant provides:

* his DD Form 214
* a DD Form 2900 (Post-Deployment Health Reassessment (PDHRA))


* two Army Commendation Medal Certificates
* his unit's award information sheet
* Permanent Order 136-C2-391, dated 16 May 2009
* Permanent Orders Number 335-001, dated 30 November 2001
* two DA Forms 638 (Recommendation for Award) 

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 enlisted in the Regular Army on 16 January 2002.  He completed training and he was awarded military occupational specialty
19D (Cavalry Scout).  The highest rank/grade he attained during his period of service was sergeant (SGT)/E-5.

3.  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 the following periods:

* 18 March 2004 through 17 March 2005 for Kuwait/Iraq
* 9 November 2008 through 23 July 2009 for Kuwait/Iraq

4.  The applicant provides a copy of Permanent Order 335-001, issued by Headquarters, 1st Battalion, 9th Cavalry Regiment, 1st Cavalry Division, dated 30 November 2004, awarding him the Driver and Mechanic Badge with Driver-W Bar.

5.  The applicant provides an Army Commendation Medal certificate that shows he was awarded the Army Commendation Medal by Permanent Order Number 01-3243, issued by Headquarters, 3rd Brigade, 1st Cavalry Division, for 
meritorious service during the period 12 March 2004 to 11 March 2005 while 


assigned to Headquarters and Headquarters Company, 1st Battalion, 9th Cavalry Regiment.

6.  The applicant provides an Army Commendation Medal certificate that shows he was awarded the Army Commendation Medal by Permanent Order Number 161-26, issued by the same headquarters, for outstanding service during the period 21 January 1001 to 30 June 2005, while assigned to Headquarters and Headquarters Company, 1st Battalion, 9th Cavalry Regiment.

7.  On 22 June 2005, the applicant was honorably released from active duty at the completion of required active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows in:

	a.  Item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service during this period of service;

	b.  Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) the:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

	c.  Item 14 (Military Education) the entry "None";

	d.  Item 18 (Remarks) no deployment entries; and

	e.  Items 19a (Mailing Address After Separation) and 19b (Nearest Relative) that same information as shown on the PDHRA provided by the applicant.

8.  On 28 August 2008, the applicant, a Texas Army National Guard (TXARNG) Soldier, was ordered to active duty in support of Operation Iraqi Freedom.

9.  Permanent Order 136-C2-391, issued by Headquarters, 2nd Battalion,
142nd Infantry, dated 16 May 2009, awarded him the Armed Forces Reserve Medal with "M" Device for the period 28 August 2008 to 15 July 2009.

10.  On 9 September 2009, he was honorably released from active duty at the completion of required active service and returned to his TXARNG unit.  The
DD Form 214 he was issued for this period of service shows in:


	a.  Items 13 (and continued in Item 18) the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star (one bronze service star)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" device
* Driver and Mechanic Badge with Driver-W Bar

	b.  Item 14 he completed the 2-week Warrior Leader Course in 2009.

	c.  Item 18 he:

* served in a designated imminent danger pay area
* served in Kuwait/Iraq from 2 November 2008 to 14 August 2009
* ordered to active duty in support of OIF

11.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal 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 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 - 31 August 2010)
* New Dawn (1 September 2010 - date to be determined)


12.  Army Regulation 600-8-22 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon beginning with Numeral 2.

13.  Army Regulation 614-30 (Overseas Service, outline Overseas tour credit.  Tables 3-2, rules 6 and 8 provides that Soldiers who serve a minimum of
11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.

14.  Army Regulation 600-8-22 states the National Defense Service Medal 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.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It stated for:

* Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
* Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.
* Item 18, for an active duty Soldier deployed to a foreign country with his/her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
* Item 19a, enter the Soldier's permanent address at the time of separation.
* Item 19b, enter the name and address of a relative who will know the Soldier's location and address at all times at the time of separation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for corrections on his DD Form 214 for the period ending 22 June 2005 were duly noted and determined to have partial merit.

2.  Records show the applicant deployed to Kuwait/Iraq and participated in two campaigns phases during the period 18 March 2004 through 17 March 2005.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 22 June 2005 to show in:

* Item 12f, 1 year of foreign service
* Item 13, award of the Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon
* Item 18, his deployed service in Kuwait/Iraq from 18 March 2004 through 17 March 2005

3.  Records show the applicant deployed to Kuwait/Iraq and participated in two campaigns during the period 2 November 2008 through 14 August 2009.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 9 September 2009 to show in Item 13 the Iraq Campaign Medal with four bronze service stars and the Overseas Service Ribbon with Numeral 2.

4.  Orders show he was awarded the Armed Forces Reserve Medal with "M" device for the period 28 August 2008 to 15 July 2009.  This award is properly shown on his DD Form 214 for the period ending 9 September 2009.  Therefore, there is no correction to be made on this portion of his request.

5.  The applicant's DD Form 214 for the period ending 22 June 2005 shows he was awarded the National Defense Service Medal.  Only one award of the National Defense Service Medal is authorized for service from 11 September 2001 to a date to be determined.  Therefore, he is not entitled to any additional awards of the National Defense Service Medal.

6.  Records show the applicant completed the Warrior Leaders Course in 2009.  This course is properly shown on his DD Form 214 for the period ending 9 September 2009.  Therefore, he is not entitled to correction of his DD Form 214 for the period ending 22 June 2005 to show this course.

7.  Prior to separation, all Soldiers are required to provide a mailing address and the name of the nearest relative who will know the Soldier's location at all times at the time of separation.  The applicant provided the information shown in items 19a and 19b of his DD Form 214.  The information was correct at the time of his separation and is not meant to be updated at a later date.  Therefore, there is no basis for granting this portion of his request.

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 from Item 12f of his DD Form 214 for the period ending 22 June 2005 the entry "0000  00  00" and replacing it with the entry "0001  00  00";

	b.  adding to Item 13 of his DD Form 214 for the period ending 22 June 2005 the:

* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon

	c.  adding to Item 18 of his DD Form 214 for the period ending 22 June 2005 the entry "SERVICE IN KUWAIT/IRAQ FROM 20040318 – 20050317."

	d.  deleting from Item 13 of his DD Form 214 for the period ending
9 September 2009 the:

* Iraq Campaign Medal with campaign star
* Overseas Service Ribbon

	e.  adding to Item 13 of his DD Form 214 for the period ending 9 September 2009 the:

* Iraq Campaign Medal with four bronze service stars
* Overseas Service Ribbon with Numeral 2


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:

	a.  awarding a second award of the National Defense Service Medal;

	b.  adding the Warrior Leaders Course and Armed Forces Reserve Medal with "M" device to his DD Form 214 for the period ending 22 June 2005; and

	c.  changing his mailing address and the name and address of his nearest relative on his DD Form 214 for the period ending 22 June 2005.



      __________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)                                         AR20110011143



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ABCMR Record of Proceedings (cont)                                         AR20110011143



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