IN THE CASE OF:	   

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120004936 


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, the Combat Infantryman Badge (CIB), the Army Achievement Medal (AAM), and the Army Commendation Medal (ARCOM).

2.  He states his DD Form 214 does not reflect his service.  He discovered the errors when his post-traumatic stress disorder claim was denied.

3.  He provides:

* his DD Form 214
* a DA Form 638 (Recommendation for Award)
* an ARCOM Certificate
* orders with attached rosters

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.  His official military personnel file contains limited information pertaining to his service.  This case is being considered based on the DD Form 214 in his record, information obtained from the Defense Finance and Accounting Service (DFAS), and the documents he provides.  

3.  The applicant enlisted in the Regular Army on 31 May 2001.  After completing advanced individual training, he was awarded military occupational specialty 11B (Infantryman).  

4.  His DD Form 214 shows he was honorably released from active duty on
30 May 2004 after completing 3 years of active military service.  The form also shows in:

* item 8a (Last Duty Assignment and Major Command) – Company B, 1st Battalion, 15th Infantry Regiment
* item 12f (Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon

* item 18 (Remarks) – no entry indicating he was deployed with his unit

5.  His record is void of documentation showing he was awarded the CIB, AAM, or ARCOM.

6.  On 22 March 2012, during the processing of this case, a Defense Finance and Accounting Service (DFAS) staff member reviewed his Master Military Pay Account and confirmed he received hostile fire/imminent danger pay and the combat-zone tax exclusion for Kuwait during the following periods:

* 20 May through 27 November 2002 
* 11 January through 13 July 2003

7.  He provides copies of three Permanent Orders (PO) issued by Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA.  

	a.  PO 112-2, dated 22 April 2002, temporarily attached Company B, 1st Battalion, 15th Infantry Regiment, to Headquarters, 1st Battalion, 15th Infantry Regiment, Fort Benning, GA, in support of Operation Desert Spring effective 22 April 2002.  An attached roster shows his name listed as a member of Company B, 1st Battalion, 15th Infantry Regiment.

	b.  PO 350-8, dated 16 December 2002, temporarily attached Company B, 1st Battalion, 15th Infantry Regiment, to Headquarters, 1st Battalion, 15th Infantry Regiment, Fort Benning, GA, effective on or about 12 January 2003 until completion of the mission.    

	c.  PO 350-10, dated 16 December 2002, directed movement of Headquarters, 1st Battalion, 15th Infantry Regiment, Fort Benning, GA, and supporting elements to Kuwait on or about 12 January 2003 until completion of the mission.

8.  He provides PO 123-1, dated 3 May 2003, issued by Headquarters, 3rd Brigade, 3rd Infantry Division (Mechanized).  The PO announced award of the CIB to an attached list of Soldiers.  His name appears on the list, which shows he was assigned to Company B, 1st Battalion, 15th Infantry Regiment.

9.  He provides a DA Form 638 showing the Commander, 3d Brigade, 3d Infantry Division (Mechanized) (Forward), approved award of the ARCOM to him for his service from 9 January to 1 May 2003.  The award was announced in PO 288-9, dated 10 May 2003.  Item 20 (Achievements) shows he participated in combat action in Iraq.  He also provides an ARCOM Certificate confirming the information on the DA Form 638.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the AAM is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  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 the standardized policy for the preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered and
	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)."

12.  Review of the available records indicates he is entitled to additional awards not shown on his DD Form 214.  

13.  Army Regulation 600-8-22 states:

	a.  The Armed Forces Expeditionary Medal (AFEM) 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.  Table 2-4 (AFEM–Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation) states the AFEM is awarded for qualifying service in Operation Desert Spring during the period 31 December 1998 to 18 March 2003.

	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 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 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.  The regulation further states 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.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility, including Kuwait.

	c.  The Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of Operation Iraqi Freedom.  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 ICM 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.  His service coincided with one campaign:  Liberation of Iraq (19 March 2003 -1 May 2003).  

	d.  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 Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

14.  Department of the Army General Orders (DAGO) Number 2010-22, dated 24 November 2010, confirmed award of the Presidential Unit Citation (PUC) to the 1st Battalion, 15th Infantry, for the period 19 March to 1 May 2003.

DISCUSSION AND CONCLUSIONS:
 
1.  The evidence of record shows the applicant was deployed with his unit during two periods:  

* 20 May through 27 November 2002 (6 months and 8 days)
* 11 January through 13 July 2003 (6 months and 3 days)

2.  DFAS records show he served in Kuwait during both periods.  The available records indicate his first period of foreign service was in Kuwait in support of Operation Desert Spring.  The second period coincides with the U.S. invasion of Iraq in March 2003.  He would have deployed with his unit to Kuwait to prepare for the invasion of Iraq, and the record shows he moved with his unit into Iraq in March 2003.  It is unclear when he left Iraq.  

3.  In view of the available evidence, it would be appropriate to correct item 12f of his DD Form 214 to show he completed 1 year and 11 days of foreign service and to add statements in item 18 documenting his service in Kuwait and Iraq.

4.  PO awarded him the CIB and ARCOM.  He is entitled to correction of his DD Form 214 to show these awards.

5.  The available records show he was deployed to Kuwait in support of Global War on Terrorism operations from January 2003 until the invasion of Iraq in March 2003.  This service meets the criteria for award of the GWOTEM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The available records indicate he served in Iraq from March through 1 May 2003.  Based on this service, he is entitled to correction of his DD Form 214 to show the ICM with one bronze service star.

7.  His service qualifies him for award of the GWOTSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

8.  His service in Kuwait in support of Operation Desert Spring qualified him for award of the AFEM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

9.  He served in a unit during a period for which it was awarded the PUC.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

10.  The record is void of documentation showing he was awarded the AAM.  In the absence of such documentation, there is no basis for correcting his DD Form 214 to show the AAM.   

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 


________  ________  ________  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 making the following deletion from and additions to his DD Form 214:

	a.  delete the entry in item 12f;

	b.  add "0001  00  11" to item 12f; 

	c.  add to item 13:

* ARCOM
* CIB
* ICM with one bronze service star
* GWOTEM
* GWOTSM
* AFEM
* PUC

	d.  add to item 18:

* "SERVICE IN KUWAIT FROM 20020520-20021127"
* "SERVICE IN KUWAIT/IRAQ FROM 20030111-20030713"

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 the AAM.  



      _______ _   __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)                                         AR20120004936





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ABCMR Record of Proceedings (cont)                                         AR20120004936



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