IN THE CASE OF:	

		BOARD DATE:	    31 January 2012

		DOCKET NUMBER:  AR20110014835 


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 following items of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show and/or add:

* Item 4a (Grade, Rate, or Rank) "SPC" (Specialist) 
* Item 4b (Pay Grade) "E-4"
* Item 12h (Effective Date of Pay Grade) "2003 02 19"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Combat Infantryman Badge (CIB) 

2.  He states, in effect, his unit did not complete a post-deployment check, and as a result, his CIB and promotion to SPC/E-4 were inadvertently omitted from his DD Form 214.  

3.  He provides:

* A promotion document
* CIB orders
* His DD Form 214

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.  His record shows he enlisted in the Georgia Army National Guard (GAARNG) on 15 June 2001.  After completion of training, he served in military occupational specialty 11B1P (Infantryman, airborne qualified).

3.  He provided a copy of a DA Form 4187 (Personnel Action) which shows he was advanced to the grade of SPC/E-4 on 19 February 2003.  This document is also filed in his Official Military Personnel File (OMPF).

4.  His record shows he was ordered to active duty on 7 February 2003 for the purpose of deploying in support of Operation Enduring Freedom (OEF)/Operation Iraqi Freedom (OIF).  Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 27 March through 18 September 2003.

5.  He provided a copy of Permanent Orders 204-02, issued by Headquarters, 205th Military Intelligence Brigade, on 22 July 2003.  This order shows he was awarded the CIB for the period 5 March to 31 May 2003, while participating in combat operations to liberate Iraq. 

6.  On 16 October 2003, he was honorably released from active duty and transferred to his unit in the GAARNG.  His DD Form 214 for this period shows the following entries:

* Item 4a – PFC (Private First Class) 
* Item 4b – E-3
* Item 12h – 2002 11 19
* Item 13 – National Defense Service Medal, Armed Forces Reserve Medal with “M” Device, Overseas Service Bar, Army Service Ribbon, and Parachutist Badge

7.  A review of his records shows he is entitled to additional awards which are not shown in his records.  

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) 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 ICM 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.  His record shows he served during the following approved campaigns:

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

9.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 
11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  He was promoted to the grade of SPC/E-4 on 19 February 2003.  As such, he is entitled to have items 4a, 4b, and 12h of his DD Form 214 corrected to reflect this information. 

2.  Permanent orders awarded him the CIB; therefore, he is entitled to have this award added to his DD Form 214. 

3.  Based on his foreign service in support of OIF, in a designated area during two approved campaigns, he is entitled to award of the ICM with two bronze service stars and to have this award added to item 13 of DD Form 214.

4.  His record shows he served 30 or more days of active service prior to deploying to Iraq.  Therefore, he is authorized to add the GWOTSM to item 13 of his DD Form 214. 



BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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.  deleting the current entry in item 4a and adding the entry “SPC;”

b.  deleting the current entry in item 4b and replacing it with “E-4;”

c.  deleting the entry “2002 11 19” in item 12h and replacing it with
“2003 02 19;”

d.  adding the following awards to item 13:

* CIB
* ICM with two bronze service stars
* GWOTSM



      ___________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)                                         AR20110014835





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014835



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1