IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110013945 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his Iraq service, add the Army Commendation Medal (ARCOM) and Army Achievement Medal (AAM), and correct the nearest relative listed.  

2.  The applicant states he has proof he was awarded the ARCOM and AAM and of the time he served in Iraq.  He also states his mother is his nearest relative and should be listed on the DD Form 214.  

3.  The applicant provides an ARCOM certificate, assignment orders with roster, and a Western Union Telegram in support of his application.  

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 record shows he enlisted in the Regular Army on 1 May 2002, and was trained in and awarded military occupational specialty (MOS) 15J    (OH-58 Helicopter Repairer).  It further shows he was promoted to the rank of specialist (SPC) on 1 May 2004, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant’s Enlisted Record Brief (ERB) documents no overseas service in Section 1 (Assignment Information-Overseas Deployment-Combat Duty).  The ARCOM and AAM are not included in the list of earned awards contained in Section VIII (Awards and Decorations) of his ERB.  Section VIII does list the following earned awards: 

* Presidential Unit Citation
* Army Good Conduct Medal 
* National Defense Service Medal 
* Army Service Ribbon
* Global War on Terrorism Service Medal 
* Aviation Badge

4.  On 28 December 2006, the applicant was discharged by reason of misconduct, in the rank of private/E-2.  The DD Form 214 he was issued lists no overseas service in item 12f (Foreign Service) and item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not include the ARCOM and AAM in the earned awards listed.  Item 18 (Remarks) is also void of an entry showing deployed service in Iraq.  Item 19b (Nearest Relative) contains the name and address of someone other than his mother.  

5.  A review of the Defense Finance and Accounting Service (DFAS) pay record for the applicant confirms he received imminent danger pay/hostile fire pay (IDP/HFP) for Iraq from 13 October 2005 through 9 September 2006.  

6.  The applicant provides unit deployment orders for his unit issued on 
19 September 2005 with a deployment roster that includes his name.  These orders directed his unit’s deployment to Iraq.  

7.  The applicant also provides a certificate that shows he was awarded the ARCOM for meritorious service in Iraq while serving with the 1st Battalion, 10th Aviation Regiment for the period 11 October 2005 through 11 October 2006.  The certificate also shows this award was authorized and announced in 101st Combat Aviation Brigade Permanent Orders Number 099-145, dated 9 April 2006.  The applicant provides no certificate or other documents related to award of the AAM.  

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the ERB along with documents in the record are the source records and documents for preparation of the DD Form 214. 

9.  Chapter 2 of the same regulation contains instructions for preparation of the DD Form 214.  The instructions for item 12f state to enter all overseas service completed during the period.  The instructions for the items in question are as follows:

	a.  Item 12f – enter the total of all overseas service completed during the period covered by the DD Form 214;

	b.  Item 13 – enter all awards earned during military service;

	c.  Item 18 – 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)” and; 

	d.  Item 19 (Mailing Address after Separation & Nearest Relative) will be provided by the Soldier.

10.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that it is authorized for service in Iraq on or after 
19 March 2003, to a date to be determined by the Secretary of Defense.  It also states that a bronze service star is authorized with the ICM for each campaign a member is credited with participating in while serving in Iraq.  During the applicant's tenure of assignment in Iraq, participation credit was granted for the following two campaigns:

* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007) 

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct item 12f, item 13, item 18, and item 19 of his DD Form 214 has been carefully considered and found to have partial merit.  The applicant provides deployment orders and an award certificate confirming he served in Iraq and was awarded the ARCOM for this service.  The DFAS record confirms the dates of his service in Iraq as 13 October 2005 through                     9 September 2006.  Therefore, it would be appropriate to correct item 12f and   18 of his DD Form 214 to document his Iraq service and to add the ARCOM  to item 13. 

2.  Further, based on his service and campaign participation in Iraq, he is eligible for the ICM with 2 campaign stars and the Overseas Service Ribbon.  Therefore, it would also be appropriate to add these awards to his DD Form 214.  

3.  The evidence of record and independent evidence provided by the applicant fails to confirm award of the AAM.  As a result, there is insufficient evidence to add this award to his record and/or DD Form 214.  Further, the name and address entered in item 19 would have been provided by the applicant and there is a presumption this is the information he wanted documented in item 19 at the time of his separation.  There are no regulatory provisions allowing for modification of this item subsequent to separation.  Therefore, there is an insufficient evidentiary basis to provision these portions of 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 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 amending his DD Form 214 as follows:
	a.  Item 12f – delete the current entry and replace it with the entry
 “0000  10  27”; 

	b.  Item 13 – add the Army Commendation Medal, Iraq Campaign Medal with 2 campaign stars, and Overseas Service Ribbon; and 

	c.  Item 18 – add the entry “SERVICE IN IRAQ FROM 20051013-20060909.”

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 adding the Army Achievement Medal to item 13 and/or changing the name and address in item 19b of the DD Form 214.  



      _______ _   __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)                                         AR20110013945



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013945



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1