IN THE CASE OF:	  

		BOARD DATE:  24 May 2012

		DOCKET NUMBER:  AR20110022291 


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:

* Army Commendation Medal (ARCOM) 2nd Award 
* Iraq Campaign Medal
* Army Reserve Components Overseas Training Ribbon
* Rank/Pay Grade of sergeant (SGT)/E5
* Unit Supply and Unit Armorer Courses under military education
* Secondary Military Occupational Specialty (SMOS) 92Y (Unit Supply Specialist)

2.  He states he did not receive a generated copy of his DD Form 214 nor was he given the opportunity to review the form prior to release from active duty.

3.  He provides the following:

* DD Form 214
* DA Forms 638 (Recommendation for Award)
* Army newspaper titled "The Observation Post," dated 24 October 2006
* Two Certificates of Training
* DA Forms 1059 (Service School Academic Evaluation Report), dated
31 January and 14 February 2009
* Memorandum for (applicant), undated
* Excerpts from Army Regulation 600-8-22 (Military Awards)

* Orders:

* 096-538, dated 6 April 2009
* 263-050, dated 20 September 2006
* 318-005, dated 14 November 2007
* 084-060, dated 25 March 2009
* 071-088, dated 12 March 2009

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 Army National Guard on 31 May 2001.  On 31 March 2003, he was ordered to active duty in support of Operation Enduring Freedom (OEF)/Operation Iraqi Freedom (OIF).  He was honorably released from active duty on 30 April 2004.  He was credited with completing 1 year and 1 month of active service.

3.  His DD Form 214 shows in

   a.  Item 4a/4b (Grade, Rate, or Rank/Pay Grade) specialist (SPC)/E4;
   
   b.  Item 11 (Primary Specialty) (list number, titles and years and months in specialty.  List additional specialty numbers and titles involving periods of one or more years) 11B1O Infantryman, 1 year 1 month;
   
   c.  Item 12h (Effective Date of Pay Grade) 11 May 2003;

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

* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon 
* Overseas Service Bar (2nd Award)
* Combat Infantryman Badge

   e.  Item 14 (Military Education) None; and
   
   f.  Item 18 (Remarks) "Ordered to active duty in support of OEF/OIF . . . Period of Duty:  20030331 – 20040430."

4.  The DA Forms 638, provided by the applicant, show he was awarded two awards of the ARCOM.  Permanent Order Number 18-18, dated 19 March 2004, awarded him the ARCOM for the period 20 April 2003 to 1 March 2004.  Permanent Order Number 08-06-01, dated 29 February 2008, awarded him the second award of the ARCOM for the period 1 May to 6 November 2006.

5.  Orders 263-050, dated 20 September 2006, show he was ordered to annual training (AT) in Honshu, Japan, from 8 to 12 October 2006 in support of Exercise Orient Shield 07.  His official military personnel file (OMPF) is void of any orders or documentation showing he was extended on AT or any other orders showing he was ordered to AT or active duty for training (ADT) on foreign soil.

6.  Orders 318-005, dated 14 November 2007, show he was promoted to SGT, in primary MOS (PMOS) 11B, effective 22 October 2007.  His SMOS was listed as NA (not applicable).

7.  DA Forms 1059 show he achieved course standards for Phase I and Phase II of the Unit Supply Specialist Course.  Additionally, Certificates of Training show he successfully completed the following courses during the following periods:

* Unit Supply Specialist Course, 17 - 31 January 2009
* Unit Armorer Sustainment Course, 16 - 20 March 2009

8.  Orders 084-060, dated 25 March 2009, awarded him PMOS 92Y and SMOS 11B.  The effective date was listed as 14 February 2009. 

9.  Item 13 (Primary Specialty Number, Title and Date Awarded) of his National Guard Bureau (NGB) Form 22, dated 31 December 2009, shows the following:

* PMOS 11B2O Infantryman, 2 August 2002
* SMOS 9272O Unit Supply Specialist, 14 February 2009
10.  Orders 096-538, dated 6 April 2009, show he was ordered to active duty in support of OIF.  His report date to his mobilization station was listed as 19 May 2009 with a period of active duty not to exceed 400 days.  However, his record is void of a DD Form 214 to confirm active duty service during this period. 

11.  Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and a combat zone tax exemption from 1 April 2003 to 2 April 2004 while assigned in Kuwait.

12.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Iraq Campaign Medal is awarded to members who have served in direct support of 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.  His service coincided with two campaigns:

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

   b.  The Army Reserve Components Overseas Training Ribbon is awarded to members of the Reserve Components of the Army for successful completion of AT or ADT for a period not less than 10 consecutive duty days on foreign soil.  Numerals will be used to denote second and subsequent awards of the Army Reserve Components Overseas Training Ribbon.

13.  Army Regulation 635-5 (Separation Documents) states:

   a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

   b.  Enter active duty grade of rank and pay grade in item 4a and 4b at the time of separation.




DISCUSSION AND CONCLUSIONS:

1.  DFAS verified he served in Kuwait from 1 April 2003 to 2 April 2004.  His 
DD Form 214 shows he was ordered to active duty in support of OEF/OIF and served in Kuwait and Iraq.  Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars and correction of his 
DD Form 214 to show this award.

2.  Orders 263-050, dated 20 September, show he was ordered to AT in Honshu, Japan from 8 October to 12 October 2006.  However, there are no additional orders in his OMPF and he did not provide any orders extending his AT in Japan. Additionally, his OMPF is void of any orders or documentation verifying that he performed AT or ADT on foreign soil for at least 10 consecutive days.  Therefore, there is insufficient evidence to justify awarding the Army Reserve Components Overseas Training Ribbon in this case.  Further, this AT is outside the period covered by this DD Form 214.

3.  The evidence of record shows he was awarded the ARCOM (2nd Award) from 
1 May to 6 November 2006; promoted to SGT on 22 October 2007; awarded SMOS 92Y on 14 February 2009; and completed the Supply and Armor Courses in January and March 2009, respectively.  However, his DD Form 214 shows he was released from active duty on 30 April 2004.  Any subsequent promotions or achievements that occurred after his date of separation from active service cannot be listed on this DD Form 214.  Therefore, there is no basis for granting this portion of his request.

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 adding to item 13 of his DD Form 214 for the period ending 30 April 2004 the Iraq Campaign Medal with two bronze service stars.

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 amending his DD Form 214 for the period ending 30 April 2004 to show the ARCOM (2nd Award), Army Reserve Components Overseas Training Ribbon, listing his rank as SGT/E5, listing the Unit Supply and Unit Armorer Courses, and adding 92Y as his SMOS.



      __________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)                                         AR20110022291



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ABCMR Record of Proceedings (cont)                                         AR20110022291



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