IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110017370 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he received a general, under honorable conditions discharge (GD), to document his overseas service, and to add earned awards.  

2.  The applicant states the documents he has provided supports the requested corrections.  

3.  The applicant provides the following documents in support of his application:

* Army Discharge Review Board (ADRB) Case Report and Directive
* National Personnel Records Center (NPRC) Letter
* DD Form 214
* Army Commendation Medal (ARCOM) Certificate (Copy).  

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 record confirms that as a result of a 5 May 2010 decision of the ADRB, the applicant was issued a new DD Form 214 indicating his service was characterized as “under honorable conditions (general) and that this document was mailed to him on 15 June 2010.  As a result, this portion of the applicant’s request will not be addressed further in this Record of Proceedings (ROP).

3.  The record shows the applicant enlisted in the Regular Army on 14 February 2004, and was trained in and awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  

4.  The Enlisted Records Brief (ERB) on file in the applicant’s Official Military Personnel File (OMPF), dated 12 October 2006, contains no entries in Section 1 (Assignment Information-Overseas Deployment Combat Duty).  Section VIII (Awards and Decorations) lists only the National Defense Service Medal (NDSM) and does not include the ARCOM.  Section IX (Assignment Information) shows that he was assigned to the 1st Battalion, 30th Infantry Regiment from 13 July 2004 through 26 July 2006.  

5.  On 6 November 2006, the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations) for the good of the service in lieu of trial by court-martial.  At the time of his discharge, he completed 2 years, 8 months, and 28 days of creditable active military service.  

6.  The applicant provides a NPRC letter, dated 31 January 2011, that authorized the shipment of the NDSM to the applicant.  He also provides a copy of a certificate dated 14 December 2005, which indicates he was awarded the ARCOM for meritorious service during Operation Iraqi Freedom during the period 19 January through 31 December 2005, and that this award was authorized and announced in official orders.  

7.  The Defense Finance and Accounting Service (DFAS) record shows the applicant received imminent danger pay (IDP)/hostile fire pay (HFP) for Kuwait during the period 19 January 2005 through 2 January 2006.

8.  Unit History documents show the 1st Battalion, 30th Infantry Regiment deployed to Kuwait on 8 January 2005, and moved into Iraq on 21 January 2005.  In January 2006, the unit redeployed from Iraq to Fort Benning in the United States.

9.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f are to add all overseas service completed during the period covered by the DD Form 214, and the instructions for item 13 are to add all earned military awards.  The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to Item 18.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-17 contains guidance on the Iraq Campaign Medal (ICM).  It states, in pertinent part, that it is authorized for service in Iraq on or after 19 March 2003, to a date to be determined by the Secretary of Defense.  It also states that a bronze service star is authorized with the ICM for each campaign a member is credited with participating in while serving in Iraq.  During the applicant's tenure of assignment in Iraq, participation credit was granted foe the Iraqi Governance (29 June 2004-15 December 2005) and National Resolution 
(16 December 2005-9 January 2007) campaigns. 

11.  Paragraph 2-19 of the awards regulation contains guidance on the Global War on Terrorism Service Medal (GWOTSM).  It states it is authorized to members who served on active duty for 30 consecutive or 60 non-consecutive days outside of the designated areas of eligibility between 9 September 2001 through a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record and DD Form 214 be corrected to document his service in the Iraq War has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant served in Iraq from 19 January 2005 through 2 January 2006, as evidenced by the DFAS record, and corroborated by the ARCOM certificate he provides.  As a result, it would be appropriate to add the entry SERVICE IN IRAQ FROM 20050119-20060102” to item 18 of the DD Form 214.  
3.  Further, based on his qualifying active duty service and his service and campaign participation in Iraq, he is eligible for the ICM with 2 bronze service stars and GWOTSM.  As a result, it would also be appropriate to add these awards to item 13 of his DD Form 214.  

4.  In addition, the certificate provided by the applicant confirms he was awarded the ARCOM for his service in Iraq and that this award was authorized and announced in official orders.  

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.  adding to item 13 the Army Commendation Medal, Iraq Campaign Medal with 2 bronze service stars, and Global War on Terrorism Service Medal; and 

   b.  adding to item 18 the entry "SERVICE IN IRAQ FROM 20050119-20060102."



      ___________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)                                         AR20110017370



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017370



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1