BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110011493 


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 his first name as "David" vice "Davis" and addition of awards of the Global War on Terrorism Expeditionary Medal, Purple Heart, Army Commendation Medal with "V" Device, and Iraq Campaign Medal.

2.  The applicant states his first name is misspelled on his DD Form 214.  He was awarded the Purple Heart and Army Commendation Medal with "V" Device, but they are not shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and two award orders.

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.  Having prior service in the U.S. Navy, the applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 9 July 1999 and he held military occupational specialty 88M (Motor Transport Operator).  All documents in his records show his first name as "David."

3.  He was ordered to active duty as a member of his USAR unit, the 706th Transportation Company, on 7 December 2003 in support of Operation Iraqi Freedom (OIF).

4.  Permanent Orders 107-13, dated 16 April 2004, issued by the North Atlantic Regional Medical Command, awarded him the Purple Heart for wounds received as a result of hostile actions on 11 April 2004.  His first name is shown as "David."

5.  Permanent Order Number 318-111, dated 13 November 2004, issued by Headquarters, 593rd Corps Support Group, Iraq, awarded him the Army Commendation Medal with "V" Device for exceptionally valorous service during OIF while serving in Iraq.  His first name is shown as "David."

6. He was honorably released from active duty on 14 September 2005.  He completed 1 year, 9 months, and 14 days of creditable active service during this period with no lost time.

7.  His record is void of any adverse actions or derogatory information.

8.  The DD Form 214 he was issued shows the following entries:

* item 1 (Name) shows his first name as "Davis"
* item 12f (Foreign Service) the entry "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the –

* Global War on Terrorism Service Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

* item 18 (Remarks) shows the following statements –

* "INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"
* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10 USC 12302"

9.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

10.  The Military Awards Branch, U.S. Army Human Resources Command, provided clarification for award of the Army Good Conduct Medal by message, dated 8 February 2005.  It states Reserve Component (RC) Soldiers mobilized onto active duty under Title 10 are performing "active Federal military service" and are therefore eligible to be awarded the Army Good Conduct Medal.  The qualifying periods of service must be continuous enlisted active Federal service.  The period of service for the Army Good Conduct Medal begins and the Army RC Achievement Medal (ARCAM) ends the first day the mobilized RC Soldier is serving on active duty.  The period of service for the Army Good Conduct Medal ends the last day the mobilized RC Soldier is on active duty.  The period of service for the ARCAM begins the day after the RC Soldier is released from active duty.  (Therefore, the RC Soldier's qualifying period of service for the ARCAM begins over from day 1 once the Soldier is released from active duty.  Any time prior to mobilization is lost and cannot count toward award of the ARCAM).

11.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion for service in Kuwait/Iraq from 19 January to 31 August 2004.

12.  As a related matter, his DD Form 214 shows entries that he completed the period for which ordered to active duty for the purpose of post-service benefits and entitlements and ordered to active duty in support of OIF.  However, item 18 is void of an entry indicating he served in an HFP/IDP area during this period of service.

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.  It states for:

* item 12f, enter the total amount of foreign service completed during the period covered
* item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession –

* "ORDERED TO ACTIVE DUTY IN SUPPORT OF (operation name) PER 10 USC (applicable section)"
* "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"
* "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"

14.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who 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.  A review of his record shows the applicant participated in the following two campaigns during his service in Iraq:

* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)

15.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Global War on Terrorism Expeditionary Medal in lieu of the Iraq Campaign Medal.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's first name is shown as "David" on all documents contained in his record.  It appears an error was made when his DD Form 214 was prepared and his first name was inadvertently spelled as "Davis."  Therefore, he is entitled to the requested relief.

2.  Permanent orders awarded him the Purple Heart and the Army Commendation Medal with "V" Device which are not show on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He served in Iraq during a qualifying period for award of the Iraq Campaign Medal and participated in two campaigns during this service.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Iraq Campaign Medal with two bronze service stars.

4.  The evidence of records shows he served honorably from 7 December 2003 and 14 September 2005.  He served in Iraq, received the Purple Heart for wounds received in action, and was awarded the Army Commendation Medal with "V" Device for exceptionally valorous service during OIF while serving in Iraq.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

5.  He served in Kuwait/Iraq during the period 19 January to 31 August 2004.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service and the dates of this service in Kuwait/Iraq.

6.  With respect to his request to have his DD Form 214 corrected to show award of the Global War on Terrorism Expeditionary Medal, this medal cannot be awarded for the same qualifying period as the Iraq Campaign Medal.  Therefore, he is not entitled to the requested relief.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 December 2003 through 14 September 2005
* deleting the entry "Davis" from item 1 of his DD Form 214 for the period ending 14 September 2005 and replacing it with "David"
* deleting the entry "0000  00  00" from item 12f of his DD Form 214 for the period ending 14 September 2005 and replacing it with "0000  07  13"
* adding the following awards to item 13 of his DD Form 214 for the period ending 14 September 2005 –

* Purple Heart
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars

* adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20040119-20040831" to item 18 of his DD Form 214 for the period ending 14 September 2005

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 correcting his DD Form 214 to show award of the Global War on Terrorism Expeditionary Medal.



      __________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)                                         AR20110011493



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011493



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1