IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110014074 


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 the Presidential Unit Citation (Army) and any other awards to which he may be entitled be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 October 2003.

2.  The applicant states he does not believe all of his awards are included on his DD Form 214.

3.  The applicant provides:

* orders for the award of the Purple Heart
* DD Form 214
* Headquarters, Department of the Army General Orders (DAGO) 2009-32, dated 29 December 2009

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.  He was commissioned a second lieutenant in the U.S. Army Reserve on 
8 September 1998.  On 31 January 2012, he was transferred to the Retired Reserve.

3.  He was ordered to active duty with the 915th Forward Surgical Team for mobilization for Operation Enduring Freedom effective 24 January 2003.

4.  Headquarters, 4th Infantry Division (Mechanized) Permanent Orders 226-26, dated 14 August 2003, awarded him the Purple Heart for wounds received as a result of enemy or hostile action on 3 July 2003.  He provided a copy of these orders and a copy is located in his official military personnel file on iPERMS (integrated Personnel Electronic Records Management System).

5.  On 18 October 2003, he was released from active duty.   Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* Army Achievement Medal (2nd award)
* Marine Corps Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd award)
* Armed Forces Reserve Medal with M Device
* Army Service Ribbon

6.  Item 12f (Foreign Service) of his DD Form 214 contains the entry 0000 00 00. There is no entry in item 18 (Remarks) showing the country or period he was deployed.

7.  DAGO 2009-32, dated 29 December 2009 does not show the 915th Medical Detachment was awarded the Presidential Unit Citation (Army).  The orders do 

show the 915th Medical Detachment was awarded the Valorous Unit Award for the period 20 April 2003 to 22 March 2004.

8.  The Defense Finance and Accounting Service (DFAS) verified he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 11 April to 31 July 2003 for Kuwait.

9.  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 include the:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a.  Foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  

	b.  When a Reserve Soldier is ordered to active duty and deployed to a foreign county an entry will be made in Item 18 of his DD Form 214 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Purple Heart.  Therefore, this award should be added to his DD Form 214.

2.  DAGO 2009-32, dated 29 December 2009, shows the 915th Medical Detachment (Forward Surgical Team) was awarded the Valorous Unit Award.  Therefore, this award should be added to his DD Form 214.

3.  His unit was not awarded the Presidential Unit Citation (Army).

4.  Information received from DFAS shows he received HF/IDP and CZTE from 11 April to 31 July 2003.  

	a.  Based on this period, his Purple Heart, and the period of the Valorous Unit Award, there is sufficient evidence to show he is authorized the Iraq Campaign Medal with two bronze service stars.

	b.  Item 12f of his DD Form 214 should be amended to show he performed 
3 months, and 21 days (0000 03 21) of foreign service during the period of active duty covered by the DD Form 214.

	c.  Item 18 of his DD Form 214 should be amended to include the entry:  Iraq/Kuwait 20030411 through 20030731.

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 the following items of his DD Form 214 with a separation date of 
18 October 2003 to show:

	a.  Item 12f - 0000 03 21	

	b.  item 13 - add the 

* Purple Heart
* Valorous Unit Award
* Iraq Campaign Medal with two bronze service stars

	c.  Item 18 - add Iraq/Kuwait 20030411 through 20030731

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 the Presidential Unit Citation (Army).  




      _______ _   __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)                                         AR20110014074





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ABCMR Record of Proceedings (cont)                                         AR20110014074



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