IN THE CASE OF:	  

		BOARD DATE:  24 January 2012

		DOCKET NUMBER:  AR20110014668 


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 that his DD Form 214 be corrected to reflect all of his awards and decorations, military schools, and foreign service credit.

2.  The applicant states, in effect, that he served in Operation Enduring Freedom in Kuwait from December 2001 to May 2002 and again in Operation Iraqi Freedom from April 2003 to April 2004.  He further states that he desires to have his DD Form 214 properly reflect his service.

3.  The applicant provides a copy of his Enlisted Record Brief (ERB) and six character references with 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.  On 28 July 1999, the applicant enlisted in the Regular Army and served honorably until he was discharged for immediate reenlistment on 11 October 2002.  He reenlisted, on 12 October 2002, and he served in military occupational specialty 11B (Infantryman) during both periods of service.  

3.  Information received from the Defense Finance and Accounting Service shows he deployed to Kuwait from 17 December 2001 to 5 May 2002 and was promoted to the rank of sergeant on 1 June 2002.  He deployed to Iraq from 8 April to 19 August 2003.  His total foreign service equals 8 months and 
29 days.

4.  On 10 November 2005, the applicant was discharged under other than honorable conditions in lieu of trial by court-martial.  He had served 6 years and 26 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, Army Service Ribbon, and Global War on Terrorism Service Medal.

5.  His DD Form 214 reflects no foreign service and no military education.  Additionally, it does not reflect his deployment to Kuwait and Iraq.

6.  A review of the applicant’s ERB provided with his application, which matches the copy on his Official Military Personnel File (OMPF), shows three awards of the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), Armed Forces Expeditionary Medal (AFEM), Global War on Terrorism Expeditionary Medal (GWOTEM), Army Achievement Medal (AAM), Combat Infantryman Badge (CIB), and Expert Infantryman Badge (EIB).  It also shows he completed the Primary Leadership Development Course (2 weeks in 2002) and the Bradley Fighting Vehicle Transition Course in 2001.

7.  The applicant’s OMPF only contains orders awarding him the ARCOM and the AGCM.

8.  In the processing of this case a staff member of the Board contacted the applicant to ascertain if he had copies of orders for award of the ARCOMs, AAM, CIB, and EIB.  The applicant indicated that he had no records and that he did not receive his DD Form 214 at the time of discharge.  He also indicated that he received the AFEM for his participation in Operation Intrinsic Action in Kuwait and that he was awarded the CIB in a mass ceremony in which all members of the unit received the CIB.  He provided names of other members of his unit who received the CIB at the same ceremony, which included his company commander.

9.  A search of the names provided by the applicant confirmed they were all awarded the CIB in Permanent Orders Number 187-76 issued by Headquarters, 4th Infantry Division on 6 July 2003.  The orders were blanket orders containing an attached roster of personnel in the unit awarded the CIB; however, none of the records contain a copy of the roster.  It is also noted that all members noted were also awarded the AFEM.

10.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18 (Remarks):  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his DD Form 214 does not properly reflect his foreign service in Kuwait and Iraq and all of his awards has been considered and appear to have merit.

2.  The applicant served in Kuwait from 20011217 – 20020504 and Iraq from 20030408 -20030819 for a total of 8 months and 28 days.  Accordingly, he is entitled to have his DD Form 214 corrected to reflect 8 months and 28 days of foreign service in block 12f and the entry “Service in Kuwait 20011217 – 20020504 and Service in Iraq 20030408 -20030819” in block 18.

3.  Although the applicant’s ERB shows three awards of the ARCOM, his OMPF contains orders for only one award of the ARCOM.  Therefore, in the absence of orders to validate his additional awards, only one award of the ARCOM should be added to his DD Form 214 at this time.

4.  Although his records do not indicate why he was awarded the AFEM, the applicant explained that he was awarded the AFEM with all members of his unit for his participation in Exercise Intrinsic Action in Kuwait.  A comparison of records of other members in his unit confirmed that all of the members received the AFEM.  Accordingly, the award of the AFEM should be added to his DD Form 214 at this time.

5.  The applicant’s ERB shows award of the AAM and the EIB; however, there are no orders authorizing either the EIB or the AAM in his official records.  Therefore, in the absence of orders there appears to be no basis to add them to his DD Form 214 at this time.

6.  The applicant’s ERB shows award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and given he served two deployments, it is apparent that he is authorized the GWOTEM and it should be added to his 
DD Form 214 at this time.

7.  Although there are no orders awarding him the CIB in his official records, the applicant’s explanation that his entire company was awarded the CIB makes sense because orders were found in the records of other members of his unit showing a mass award; however, none of the records contain a roster of names.  However, the individuals have the CIB recorded on their records.  Therefore, given the applicant served two deployments in Kuwait and Iraq as an Infantryman it is reasonable to presume that the entry on his ERB is correct.  Accordingly, his award of the CIB should be added to his DD Form 214. 

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: 

* Deleting the entry in block 12f of his DD Form 214 and adding the entry “0000  08  28”
* Adding the ARCOM, AGCM, GWOTEM, AFEM and CIB in block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized) of his DD Form 214
* Adding the entry “Service in Kuwait 20011217 – 20020504 and Service in Iraq 20030408 -20030819” in block 18 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 adding three awards of the ARCOM, AAM and EIB to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20110014668



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ABCMR Record of Proceedings (cont)                                         AR20110014668



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