IN THE CASE OF:	  

		BOARD DATE:	  23 February 2012

		DOCKET NUMBER:  AR20110015414 


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 foreign service deployment in Iraq
* receipt of an Army Commendation Medal (ARCOM)
* receipt of an Army Achievement Medal (AAM)
* completion of the Primary Leadership Development Course (PLDC)

2.  The applicant states these entries are not shown on his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* a DA Form 638 (Recommendation for Award) for the ARCOM with orders and Certificate
* AAM Certificate and orders
* two memoranda of release from deployment
* Army Training Transcript and Army Training Requirements and Resources System (ATRRS) documents

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 was a Regular Army Soldier for 7 years, 9 months, and 24 days from 17 June 1997 through 10 April 2005 when he was honorably discharged at the completion of his required active service in the rank/grade of sergeant (SGT)/
E-5.

3.  The applicant's DD Form 214 he was issued at the time shows in:

* Block 12f (Foreign Service) he completed 5 years, 2 months, and 18 days of foreign service
* Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* AAM (3rd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon

* in Block 14 (Military Education) he completed the Wheel Vehicle Repairer course for 14 weeks in January 1998
* in Block 18 (Remarks) the entry "SERVICE IN SOUTHWEST ASIA 19981011 - 19990317

4.  Permanent Orders Number 159-24, issued by Headquarters, 16th Corps Support Group, Iraq, dated 8 June 2003, awarded the applicant the ARCOM for meritorious service during the period 19 March to 31 May 2003.

5.  Army Training Transcript and ATRRS documents show the applicant attended and successfully completed the PLDC from 6 February 2002 through 8 March 2002.


6.  The applicant's interactive Personnel Electronic Records Management System (iPERMS) record contains an AAM Certificate that shows he was awarded the AAM based on Permanent Order Number 241-01, issued by the 485th Corps Support Battalion in Hanau, Germany on 29 August 2003.  The applicant submitted a copy of the same document with his application.

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and Combat Zone Tax Exclusion (CZTE) for service Iraq from 9 March 2003 through 3 November 2003.

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 the standardized policy for preparing and distributing the DD Form 214.  It states for:

* Block 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 on the DD Form 214; each entry will be verified by the Soldier’s records
* Block 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 by showing title, length in weeks, and year completed
* Block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

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 are:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)
* Iraqi Governance (29 June 2004 - 15 December 2005)
* National Resolution (16 December 2005 - 9 January 2007)
* Iraqi Surge (10 January 2007 - 31 December 2008)


* Iraqi Sovereignty (1 January 2009 - 31 August 2010)
* New Dawn (1 September 2010 - 31 December 2011)

10.  Army Regulation 600-8-22 states the Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCO Education System (NCOES) successfully completed.  The Primary level consist of the Primary NCO Course, Combat Arms (PNCOC); Primary Leadership Course (PLC); Primary Technical Courses (Service School - PTC), and Warrior Leader Course (WLC) (formally called Primary Leadership Development Course (PLDC)).  The Primary level is awarded the basic ribbon.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant served in Kuwait/Iraq from 9 March 2003 to
3 November 2003.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

2.  Based on his service in Iraq, he is also entitled to correction of his DD Form 214 to show this period of deployed service.

3.  The applicant was awarded the ARCOM for meritorious service during the period 19 March to 31 May 2004.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's DD Form 214 shows he was awarded three awards of the AAM.  His iPERMS record contains a copy of the AAM award he submitted with his application.  However, it appears this award is already reflected in the three awards of the AAM currently shown on his DD Form 214.  Therefore, there is no basis for adding any additional awards of the AAM to his DD Form 214.

5.  Records show the applicant successfully completed and graduated from PLDC.  Therefore, his DD Form 214 should be corrected to show the completion of this military education course.

6.  Based on his completion of PLDC, he is also entitled to the NPDR.  Therefore, his DD Form 214 should be corrected to show this award.


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:

	a.  adding to Block 13 of his DD Form 214 the:

* Army Commendation Medal
* Iraq Campaign Medal with 2 bronze service stars
* Noncommissioned Officer Professional Development Ribbon

	b.  adding to Block 14 of his DD Form 214 the entry "PRIMARY LEADERSHIP DEVELOPMENT COURSE, 4 WEEKS, 2003"; and

	c.  adding to Block 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030309 - 20031103."

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 any additional Army Achievement Medals to his 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)                                         AR20110015414



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ABCMR Record of Proceedings (cont)                                         AR20110015414



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