IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012 

		DOCKET NUMBER:  AR20110022538 


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 correct amount of foreign service and to show award of the Army Achievement Medal and Army Commendation Medal.  

2.  He states he served three overseas tours and he received the Army Achievement Medal and Army Commendation Medal during these tours that are not properly reflected on his DD Form 214.  

3.  He provides:

* Self-authored statement
* DD Form 214
* Reassignment orders
* DA Form 5123-1-R (Personnel In-processing Record)
* Deployment orders
* Two DA Forms 638 (Recommendation for Award)
* Award certificate for the Army Achievement Medal
* DD Form 2795 (Deployment Health Assessment)
* DA Form 7425 (Readiness and Deployment Checklist)
* DA Form 31 (Request and Authority for Leave)
* ROTC (Reserve Officers’ Training Corps) Command Form 173-R (U.S. Army ROTC Green to Gold 4, 3 and 2-Year Scholarship Application)
* DA Form 3955 (Change of Address and Directory Card)
* Enlisted Record Brief
* Orders for award of the Good Conduct Medal
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 on 17 September 2001.  

3.  Department of the Army, U.S. Army Intelligence Center and Fort Huachuca, Order 113-00062, dated 23 April 2002, indicates the applicant was reassigned to Headquarters and Headquarters Detachment, 501st Military Intelligence Battalion, Korea, with a reporting date of 19 July 2002.  

4.  A memorandum, dated 10 July 2002, indicates he was further assigned to the 532nd Military Intelligence Strategy Information Management and Analysis Group Detachment in Korea and his arrival date was 10 July 2002.  

5.  He provided one page (items 29 to 31) of an ROTC Cadet Command Form 173-R which indicated he had deployed with the U.S. Forces, Korea (USFK) Deployable Intelligence Support Element five times, earned the USFK Commanding General’s (CG’s) coin for excellence, the Third Republic of Korea CG’s coin for excellence, and the 501st Military Intelligence Brigade Commander’s coin for excellence.  

6.  Department of the Army, Detachment B, 516th Personnel Services Battalion, Orders 104-5026, dated 14 April 2003, indicate he was reassigned from his unit in the Republic of Korea to the 1st Cavalry Division Replacement Detachment, Fort Hood, TX with a reporting date of 20 August 2003.

7.  His DA Form 31, undated, indicates he requested permanent change of station leave from his unit in Korea to his home address in Silver Spring, MD for the period 8 to 29 July 2003.  

8.  His DA Form 5123-1-R shows he in-processed at Fort Hood, TX on 29 July 2003.
9.  On 4 August 2003, he submitted a DA Form 3955 to change his mailing address from Company B, 532nd Military Intelligence Battalion in Korea (departure date 8 July 2008) to Headquarters and Headquarters Company, 312th Military Battalion at Fort Hood, TX.  

10.  His Enlisted Record Brief, dated 21 September 2004, indicates he completed a 12-month tour in Korea in July 2003.  This document shows he was assigned to the 532nd Military Intelligence Strategy Management and Analysis Group Detachment at Camp Humphries in Korea.  

11.  Headquarters, 1st Cavalry Division, Fort Hood, TX, Permanent Order Number 22-01, dated 22 January 2004, indicates the applicant’s unit, was assigned to Force Package 2, 4th Brigade Combat Team for personnel deployment to the Central Command area of responsibility in support of Operation Iraqi Freedom-2 with a proceed date of on or about 17 February 2004.  His name is listed on the by-name roster.  

12.  He provided three DA Forms 638 which show he was awarded the:

   a.  Army Achievement Medal for meritorious service from 8 July 2002 to 8 July 2003 by Headquarters, 532nd Military Intelligence Battalion, Permanent Order Number 283-01, dated 10 October 2003.
   
   b.  Army Commendation Medal for meritorious service in support of Operation Iraqi Freedom from 2 March 2004 to 2 March 2005 by Headquarters, Engineer Brigade, 1st Cavalry Division, Permanent Order Number 272-19, dated 30 September 2004.
   
   c.  Army Commendation Medal for meritorious service during combat operations in Baghdad, Iraq from 9 October 2006 to 22 December 2007 by Headquarters, Division Special Troops Battalion, 1st Cavalry Division, Permanent Order Number 197-12, dated 16 July 2007.

13.  Headquarters, 1st Cavalry Division, Fort Hood, TX, Orders Number 222-05, dated 10 August 2006, indicate the applicant’s unit was deployed to U.S. Army Central Command, Headquarters and Headquarters Company, Division Special Troops Battalion, 1st Cavalry Division, effective 15 October 2006.

14.  He provided a self-authored statement attesting:

	a.  he served in Korea from July 2002 to July 2003 at Camp Humphries, South Korea and received the Army Achievement Medal during this period.

	b.  his first Iraq tour was March 2004 to March 2005 at Camp Liberty, Baghdad, Iraq and he received the Army Achievement Medal during this period.

	c.  his second Iraq tour was October 2006 to December 2007 at Camp Liberty, Baghdad, Iraq.

	d.  his DD Form 214 reflects only 11 months and 27 days of foreign service in item 12f (Foreign Service).

	e.  he has provided various documents to substantiate his claims.

15.  He provided orders which indicate he was awarded the first and second awards of the Army Good Conduct Medal.  

16.  He was honorably released from active duty on 21 March 2008.  His DD Form 214 shows in:

   a.  item 12f, he served 11 months and 27 days of foreign service.
   
   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)), he was awarded or authorized the Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korea Defense Service Medal, Iraq Campaign Medal, Army Service Ribbon, and Overseas Service Ribbon.
   
   c.  item 18 (Remarks), he served in Iraq from 12 July 2002 to 8 July 2003.  

17.  In an email, dated 10 May 2012, the Defense Finance and Accounting Service (DFAS) revealed the applicant received foreign duty pay, hostile fire pay (HFP)/imminent danger pay (IDP), and Combat Zone Tax Exclusion (CZTE)) for:

* Korea from 9 July 2002 to 29 July 2003 (1 year and 21 days)
* Kuwait from 3 March 2004 to 13 March 2005 (1 year and 11 days) (HFP/IDP and CTZE)
* Kuwait from 11 October 2006 to 19 December 2007 (1 year, 2 months, and 9 days) (HFP/IDP and CTZE)

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 currently reflects 11 months and 27 days of foreign service and service in Iraq from 12 July 2002 to 8 July 2003. 

2.  His military pay records at DFAS show he received foreign duty pay for service in Korea from 9 July 2002 to 29 July 2003 and HFP/IDP and CZTE for service in Kuwait from 3 March 2004 to 13 March 2005 and from 11 October 2006 to 19 December 2007.  

3.  The applicant’s military pay records and his personal statements are accepted as sufficient evidence to correct his foreign service on his DD Form 214.  

4.  Permanent orders show he was awarded the Army Achievement Medal and two awards of the Army Commendation Medal.  Therefore, his DD Form 214 should be amended to reflect these awards.  

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the entry “0000 11 27” from item 12f;

	b.  deleting the entry “SERVICE IN IRAQ 20020712 – 20030708” from item 18;

	c.  amending item 12f by adding the entry “0003 03 11;”

	d.  amending item 13 by adding award of the Army Achievement Medal and Army Commendation Medal (2nd Award); and 

	e.  amending item 18 to show the entries:

		(1)  “SERVICE IN KOREA FROM 20020709 TO 20030729”

   (2)  “SERVICE IN KUWAIT/IRAQ FROM 20040303 TO 20050313”
	
		(3)  “SERVICE IN KUWAIT/IRAQ FROM 20061011 TO 20071219.”




      _______ _  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)                                         AR20110022538





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ABCMR Record of Proceedings (cont)                                         AR20110022538



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