IN THE CASE OF:	 

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20110022947 


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 foreign service in Kuwait/Iraq and award or authorization for the:

* Army Commendation Medal
* Iraq Campaign Medal with two bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation

2.  He states that he earned the aforementioned awards and decorations during his period of service, yet they are not reflected on his DD Form 214.

3.  He provides: 

* a DD Form 214
* a deployment order
* a DA Form 638 (Recommendation for Award)
* a DA Form 4980-14 (Army Commendation Medal Certificate)
* two memoranda
* two Department of the Army General Orders (DAGO)

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 22 March 2000.  He was trained in and awarded military occupational specialty 31F (Multi-Subscriber Equipment Network Switching Systems Operator).  His last duty assignment was Company C, 32d Signal Battalion, 22d Signal Brigade.

3.  Headquarters, V Corps, Orders Number 37-26, dated 6 February 2003, show Company C, 32d Signal Battalion, 22d Signal Brigade was directed to conduct a Temporary Change of Station from Germany to the U.S. Central Command Area of Responsibility (Kuwait) for a period not to exceed 365 days beginning on or about 13 February 2003.

4.  A DA Form 638, initiated on 5 June 2003, and a DA Form 4980-14, dated 7 July 2003, show the applicant was awarded the Army Commendation Medal in Permanent Order Number 188-142, issued by Headquarters, 22d Signal Brigade, on 7 July 2003, for meritorious service in support of Operation Iraqi Freedom (OIF) against a determined enemy in Iraq during the period 19 March to 1 May 2003.  

5.  The applicant provides a memorandum rendered by the Commander, Company C, 32d Signal Battalion, dated 17 August 2003, which shows the applicant was awarded the Army Physical Fitness Badge for scoring 295 points on the Army Physical Fitness Test (APFT) that was taken at the Logistics Support Area Anaconda, Balad, Iraq on 1 August 2003.

6.  The applicant provides a memorandum rendered by the Commander, 32d Signal Battalion, dated 15 December 2003, which shows the applicant was released from duty in Iraq as of 17 December 2003 and returned to Germany due to a permanent change of station.

7.  He was honorably released from active duty on 19 May 2004 and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing 4 years, 1 month, and 28 days of creditable active service.  At the time of release, he held the rank/pay grade of specialist/E-4.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.  His DD Form 214 shows in:

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

* Army Achievement Medal (2nd Award)
* National Defense Service Medal “2nd Award”
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* Korea Defense Service Medal
* Global War on Terrorism Service Medal

	b.  Item 18 (Remarks) no deployment entries.

8.  The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Kuwait/Iraq from 16 February through 
18 December 2003, a period of 10 months and 3 days.

9.  The applicant provides DAGO Number 2009-14, dated 16 December 2009, which shows the 32d Signal Battalion (the unit to which he was assigned) was awarded the Meritorious Unit Commendation for achievements during the period 19 March 2003 to 1 February 2004.

10.  The applicant provides DAGO Number 2010-22, dated 24 November 2010, which shows Company C, 32d Signal Battalion was also awarded the Presidential Unit Citation for heroism during the period 19 March to 1 May 2003.

11.  Army Regulation 600-8-22 (Military Awards) states 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 31 December 2011.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility, or meet other, specified criteria.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)
12.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 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, including Kuwait/Iraq.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the areas of eligibility designated or meet other specified criteria.

13.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

14.  Army Regulation 600-8-22 states the Physical Fitness Badge was established by the Secretary of the Army on 25 June 1986.  Effective 1 February 1999, Soldiers who obtain a minimum score of 270 or above, with a minimum of 90 points per event on the APFT and meet the body fat standards will be awarded the Physical Fitness Badge for Physical Fitness Excellence.  Soldiers are required to meet the above criteria each record test to continue to wear the badge.  The Physical Fitness Badge is authorized only as a cloth badge and is worn on the physical fitness uniform, only.  Permanent Orders are not required for award of the Physical Fitness Badge.

15.  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.  In establishes standardized policy for the preparation of the DD Form 214.  Chapter 2 of Army Regulation 635-5 contains guidance on preparation of the DD Form 214.  It states that for:

	a.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.

	b.  item 18, 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)."


DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions were carefully considered and determined to have merit.

2.  DFAS confirmed the applicant received HF/IDP and CZTE associated with deployment to Kuwait/Iraq during the period 16 February 2003 through 18 December 2003.  Therefore, his DD Form 214 should be corrected to show his period of deployment.

3.  His DD Form 214 does not show all of the awards and decorations to which he is entitled.

4.  Permanent orders awarded him the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant served a qualifying period of service in Kuwait for entitlement to the Global War on Terrorism Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant served a qualifying period of service in Iraq for entitlement to the Iraq Campaign Medal.  He also participated in two campaign phases.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

7.  The evidence shows he completed a period of honorable service during which he had no adverse actions.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 22 March 2000 through 21 March 2003 and his DD Form 214 should be corrected to show this medal.

8.  DAGOs awarded his unit the Presidential Unit Citation and the Meritorious Unit Commendation during his period of assignment to the unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

9.  A memorandum dated 17 August 2003 verifies that he was awarded the Physical Fitness Badge.  Therefore, he is entitled to correction of his
DD Form 214 to show this award.




BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 22 March 2000 through 21 March 2003;

	b.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Presidential Unit Citation
* Meritorious Unit Commendation
* Physical Fitness Badge

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030216 - 20031218."



      _______ _   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)                                         AR20110022947



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ABCMR Record of Proceedings (cont)                                         AR20110022947



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