IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110022353 


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 all of his authorized awards and his medical evaluation status at the time of his separation.

2.  The applicant states he served overseas in Iraq in support of Operation Iraqi Freedom (OIF) in 2003.

	a.  He was injured during combat and medically evacuated from the theater of operations.  As a result, his DD Form 214 does not show his service medals or the Combat Action Badge.

	b.  The Department of Veterans Affairs (VA) diagnosed him as suffering from post-traumatic stress disorder.  However, it has been difficult for him to prove he was injured in combat.

3.  The applicant provides no additional documentary evidence in support of his application.

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 requested award of the Combat Action Badge and correction of his DD Form 214 to show this award.  The ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  

3.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command (HRC), ATTN: HRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Records show the applicant is no longer on active duty or in an active status; therefore, he may request consideration of this award by letter.

4.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of his Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command recommendation
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation

5.  Since the applicant has not exhausted his administrative remedy with regard to the Combat Action Badge, no further action can be taken at this time.  This does not mean his application has been denied by the ABCMR or that he may not file again.  Should his case not be satisfactorily resolved and he still feels an error or injustice exists, he may submit his application with evidence of HRC's denial of his request.  A new DD Form 149 (Application for Correction of Military Records) is enclosed in that event.

6.  The applicant enlisted in the Regular Army on 11 January 2000 for a period of 4 years.  He was awarded military occupational specialty (MOS) 19D (Cavalry Scout).

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 10 January 2004 based on completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed
4 years of creditable active service that included 8 months and 24 days of foreign service.  It also shows in:

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

* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon

	b.  item 18 (Remarks):

* Service in Kuwait from 7 December 2001 to 7 May 2002
* Service in Iraq from 14 April to 7 August 2003

8.  A review of the applicant's military service record failed to reveal any evidence that he was found medically unfit for military service.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility (AOE) 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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Iraq the applicant participated in the following two campaigns:


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

	b.  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 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations, including Kuwait, for 30 consecutive days or 60 nonconsecutive days in the AOE.

	c.  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 GWOT operations outside of the AOE designated for award of the GWOTEM, ICM, or Afghanistan Campaign Medal (ACM).  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served
30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, 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.  Item 18 (Remarks) states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for this blocks.  It also provides that for a Soldier receiving separation, readjustment or non-disability  severance pay, enter type of pay and amount.

	c.  The Special Additional Information section provides for entering information pertaining to the individual's separation (e.g., completion of required active duty, medical discharge, etc.).

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was found medically unfit for military service.   Therefore, there is no basis for correcting his DD Form 214 to show any medical evaluation status or medical separation information.

2.  Records show the applicant served in Iraq and he participated in two campaigns.  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.

3.  Records show the applicant served in Kuwait during a qualifying period of service for the GWOTEM.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Records show the applicant served during a qualifying period of service for the GWOTSM.  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 adding to item 13 of his DD Form 214 the:

* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal


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 adding a medical evaluation status 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)                                         AR20110022353



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ABCMR Record of Proceedings (cont)                                         AR20110022353



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