IN THE CASE OF:	

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110016810 


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 overseas service in Iraq and award of the Bronze Star Medal.  He also requests issuance of the award elements.

2.  The applicant states his service in Iraq and award of the Bronze Star Medal were omitted from his DD Form 214.  He requires correction of the document because he is filing for veterans benefits.

3.  The applicant provides a copy of his award 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 enlisted in the Regular Army (RA) on 28 June 1994 for a period of 3 years.  He was awarded military occupational specialty 21B (Combat Engineer).  He reenlisted in the RA on 27 March 1997 and continued to serve on active duty through 29 July 2005.

3.  The applicant's Enlisted Record Brief, dated 18 May 2004, shows:

	a.  Section I (Assignment Information - Overseas Duty):  is blank (no entry); and

	b.  Section VIII (Awards and Decorations) the:

* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Global War on Terrorism Service Medal

4.  The applicant's DD Form 214 shows he entered active duty on 28 June 1994 and he was honorably discharged on 29 July 2005 based on disability with severance pay.  He completed 11 years, 1 month, and 2 days of active service.

	a.  Item 12 (Record of Service), block f (Foreign Service), fails to show he completed any foreign service during this period.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Presidential Unit Citation (Army - Air Force)
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal (2nd Award)
* Global War on Terrorism Service Medal
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Parachutist Badge
* Air Assault Badge

	c.  Item 18 (Remarks) does not show the applicant deployed with his unit to Kuwait/Iraq or the period of any such deployment.

5.  In support of his application, the applicant provides the following documents:

   a.  a DA Form 4980-14 Certificate for the Army Commendation Medal [emphasis added] that shows Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, GA, Order Number 124-216, dated 4 May 2003, awarded the applicant the Army Commendation Medal for meritorious service while serving as a team leader in Iraq in support of Operation Iraqi Freedom (OIF) from 20 March to 30 April 2003;

   b.  a Citation for meritorious service as a team leader in support of combat operations from 19 March to 30 April 2003; however, it does not make mention of any specific award; and

   c.  a "Narrative - Bronze Star Medal [emphasis added] for Meritorious Service" for meritorious service as a team leader in Iraq in support of OIF during  April 2003.

6.  During the processing of this case, the General Processing Branch, Defense Finance and Accounting Service (DFAS), Cleveland, OH, was asked to verify information relevant to the applicant's receipt of hostile fire pay/imminent danger pay (HFP/IDP).  DFAS confirmed the applicant received HFP/IDP from 9 January through 16 July 2003 for Kuwait.

7.  During the processing of this case, an ABCMR staff member attempted to contact the applicant on several occasions (at the telephone number he provided) in order to obtain supporting documentation regarding his service in Iraq and to discuss his awards and decorations.  However, the applicant did not answer any of the phone calls and there was a recorded message that the voice mailbox for the phone number had not been set up.

8.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

9.  A DA Form 4980-14 shows Headquarters, 1st Engineer Brigade, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, Permanent Order Number 245-1, dated 2 September 2005, awarded the applicant the Army Commendation Medal for meritorious service while assigned to the 67th Engineer Detachment (Mine Dog) from 23 November 2004 to 29 July 2005.

10.  Headquarters, 307th Engineer Battalion, Fort Bragg, NC, Permanent Orders 083-3, dated 23 March 2000, awarded the applicant the Driver and Mechanic Badge with "W" (Wheeled Vehicle) Device for the period of service from March 1998 to March 2000.

11.  Two Headquarters, 82nd Airborne Division, Fort Bragg, NC, memoranda, dated 4 May and 15 June 2000, authorized the applicant to accept and wear the:

* German Armed Forces Parachutist Badge
* German Military Sportsman Performance Badge in Silver

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

		(1)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom and OIF in specific designated geographic AOEs, which included Iraq between 19 March 2003 and 28 February 2005.

   b.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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.
   
	    (1)  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.  It shows that during the applicant's period of service in Iraq, he served in the Transition of Iraq (2 May 2003 - 28 June 2004) campaign.

       (2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.  


       (3)  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.

	c.  Table D-1 (Foreign Badges) for Germany lists the German Armed Forces Parachutist Badge and German Military Sportsman Performance Badge in Silver as foreign badges that are authorized for acceptance and wear by U.S. Army Soldiers.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ORB/ERB), enlistment/reenlistment documents, personnel/finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for:

    	(1)  item 12, block f:  enter the total amount of foreign service completed during the period covered by the DD Form 214 (i.e., item 12, block c).  (To compute this entry, obtain the foreign service from the PQR or ERB.  If necessary, verify the foreign service in the MPRJ and/or OMPF.);

    	(2)  item 13:  entries will be for all periods of service.  (Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.); and

    	(3)  item 18:  use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their respective blocks.  For an active duty Soldier deployed 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)."

14.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting a request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, MO  63132-5100.  Additional information can be found on their website at: http://www.archives.gov/st-louis/military-personnel/.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his foreign service in Iraq and his authorized awards and decorations, including the Bronze Star Medal.

2.  Available records and evidence shows the applicant served in Kuwait/Iraq in support of OIF from 9 January through 16 July 2003.

	a.  A calculation of this period of overseas service shows the following:

	2003  07  16	date of redeployment
	- 2003  01  09	date of deployment - Kuwait/Iraq
	=     00  06  07
	+                   1	day inclusive
	=     00  06  08	total foreign service

	b.  Thus, it would be appropriate to show this total period of foreign service in item 12, block f, of the applicant's DD Form 214.  It would also be appropriate to correct item 18 of his DD Form 214 to show he served in Kuwait/Iraq during the above cited period.

3.  The evidence of record shows that Headquarters, 3rd Infantry Division (Mechanized), Fort Stewart, GA, Order Number 124-216, dated 4 May 2003, awarded the applicant the Army Commendation Medal for the period 20 March to 30 April 2003.  It is noted that the Narrative the applicant provides shows it is in support of a Bronze Star Medal for meritorious service for the same period of service.  Thus, it appears the award recommendation was downgraded to the Army Commendation Medal.  Therefore, the applicant is not entitled to the Bronze Star Medal.  However, based on the evidence provided, he is entitled to correction of his records to show award of the Army Commendation Medal.

4.  Records show that Headquarters, 1st Engineer Brigade, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, Permanent Order Number 245-1, dated 2 September 2005, awarded the applicant the Army Commendation Medal for meritorious service from 23 November 2004 to 29 July 2005.  Therefore, he is entitled to the Army Commendation Medal (2nd Award).

5.  The evidence of record also shows:

	a.  permanent orders awarded the applicant the Driver and Mechanic Badge with "W" Device;

	b.  the applicant was authorized to accept and wear the:

* German Armed Forces Parachutist Badge
* German Military Sportsman Performance Badge in Silver

	c.  the applicant qualified for award of the GWOTEM for his service in support of the GWOT in Iraq.  Records also show the applicant qualified for award of the ICM in lieu of the GWOTEM based on his service in Iraq in support of OIF. However, the applicant could not be reached to obtain his preference regarding the GWOTEM or ICM.  Therefore, the regulatory guidance should be followed in this case, which instructs award of the GWOTEM.

6.  In view of all of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his foreign service and awards, as recommended below.

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.  deleting the current entry in item 12, block f, of his DD Form 214 and adding the entry "00  06  08;"

	b.  deleting from item 13 of his DD Form 214 the "Army Commendation Medal";
   
   c.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Driver and Mechanic Badge with "W" Device
* German Armed Forces Parachutist Badge
* German Military Sportsman Performance Badge in Silver

	d.  adding to item 18 of his DD Form 214 the entry:  "SERVICE IN KUWAIT/IRAQ FROM 20030109-20030716."

2.  The Board further determined 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 Bronze Star Medal.




      _______ _   _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)                                         AR20110016810



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ABCMR Record of Proceedings (cont)                                         AR20110016810



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