IN THE CASE OF:	  

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120001346 


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 update of his DD Forms 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the Armed Forces Expeditionary Medal and the Joint Service Medal should be shown and he should be credited with overseas service from August to December 1999.

3.  The applicant provides copies of his 30 September 2002 DD Form 149 (Application for Correction of Military Record); an Operation Joint Task Force, Kuwait Certificate of Achievement; an Army Achievement Medal certificate, dated 23 November 1999; a 10 September 2002 DD Form 214; a 31 August 2005     DD Form 214; and an August 2006 Honorable Discharge Certificate. 

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 served in the Regular Army from 11 September 1998 to 10 September 2002 when he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) as a sergeant (E-5).  This period included:

	a.  Assignment as a dismounted cavalry scout in Iraq with 1st Platoon, Bravo Troop, 1st Squadron, 10th Cavalry Regiment for which, on 23 November 1999, he was awarded the Army Achievement Medal for the period 18 August to          5 November 1999 by Commander, Task Force 1-10th Cavalry Squadron.  

   b.  The Defense Finance and Accounting Service (DFAS) later confirmed that the applicant had been authorized Hostile Fire/Imminent Danger Pay from 16 August through 17 December 1999.

3.  His DD Form 214 for that period of service listed his awards and decorations as the Army Lapel Button, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  In July 2003 the Deputy Assistant Secretary of the Army (Army Review Boards) approved an ABCMR recommendation to add awards to his DD Form 214; accordingly:

   a.  A DD Form 215 (Correction to DD Form 214) was completed, on             30 October 2003 to add the Army Good Conduct Medal (1st Award) and the Army Achievement Medal with Oak Leaf Cluster.  
   
   b.  These Army Achievement Medals are dated 19 November 2001 and 11 April 2002.

5.  The record now contains an additional certificate showing orders for an Army Achievement Medal awarded on 23 November 1999.

6.  The applicant was ordered to Active Duty for Special Work from 9 June 2004 to 31 August 2005 with the Homeland Security Center of Excellence.  His DD Form 214 for this period shows his authorized awards as the National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, and the Army Service Ribbon.   

7.  Army Regulation 635-5 (Separation Documents) provides the instructions for completing separation documents:

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that 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, or any other document authorized for filing in the Official Military Personnel File.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  item 12, block f:  enter the total amount of foreign service completed during the period covered in item 12, block c;

		(2)  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations; and

		(3)  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)."

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

   a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  It is authorized for Operation Desert Spring from 19 December 1998 to 18 March 2003.

   b.  The Global War on Terrorism Service Medal is authorized for Soldiers on active duty for 30 consecutive or 60 nonconsecutive days on or after 11 September 2001.  
   
   c.  The Joint Service Commendation Medal and the Joint Service Achievement Medal are awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Forms 214 be updated.  He believes the Armed Forces Expeditionary Medal, the Joint Service Medal, and his foreign service should be shown.

2.  The applicant qualified for the Armed Forces Expeditionary Medal by serving in Kuwait/Iraq from 16 August through 17 December 1999 while being authorized Hostile Fire/Imminent Danger Pay.

3.  He qualified for the Global War on Terrorism Service Medal. 

4.  He was awarded the Army Good Conduct Medal and three Army Achievement Medals.  The DD Form 215 that shows two Army Achievement Medals is no longer accurate or useful.

5.  Considering the necessity to add several significant awards on the applicant's DD Form 214, and for the sake of clarity, all of the awards should be re-listed in order of precedence.

6.  All of the awards authorized for his first period of service should have also been listed on his second DD Form 214.  

7.  There is no Joint Service Medal.  There is a Joint Service Commendation Medal and a Joint Service Achievement Medal.  There is no available order, recommendation, or other evidence to show that such an award had been made or contemplated.  The Certificate of Achievement from the Coalition Joint Task Force that the applicant submitted with his application is not an adequate basis for either award.

8.  His foreign service should be shown in item 12c and 18 of his 2002 DD Form 214.

9.  It would be appropriate to correct the applicant’s records as recommended below.



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:

a. voiding the 30 October 2003 DD Form 215;

	b.  amending his 2002 DD Form 214 to show in:
   
(1)  item 12f – 0000 (years) 04 (months) 02 (days); 

	(2)  item 13 the following awards:

* Army Achievement Medal with 2nd Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button
   
(3)  item 18 add, "SERVICE IN KUWAIT/IRAQ FROM 199900816-19991217"
	

   c.  amending his 2005 DD Form 214 to show in item 13:

* Army Achievement Medal with 2nd Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Global War on Terrorism Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

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 to award of a joint service medal.




      _______ _   _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)                                         AR20120001346





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ABCMR Record of Proceedings (cont)                                         AR20120001346



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