IN THE CASE OF:	  

		BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120006946 


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 awards he earned, his military education, and to show his deployment dates.

2.  The applicant states that although he left the Army in a negative way, he feels he should get credit for the awards he earned and the times he deployed so that he may reapply to the review board with a complete and accurate record.

3.  The applicant provides:

* six DA Forms 638 (Recommendation for Award)
* four Army Achievement Medal Certificates
* two Army Commendation Medal Certificates
* an Army Good Conduct Medal Certificate
* a DA Form 1059 (Service School Academic Evaluation Report)

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 12 May 1998.  He completed training and he was awarded military occupational specialty 63A (Abrams Tanks System Maintainer).  The highest rank/grade he held during his period of service was staff sergeant (SSG)/E-6.

3.  His Enlisted Record Brief (ERB) shows he served in Korea from 18 November 1998 to 15 November 1999, a period of 11 months and 29 days.  His ERB also shows he arrived in Germany on 9 November 2001 and returned from overseas on 14 November 2004, a period of 3 years and 5 days.

4.  A DA Form 1059, dated 30 August 2000, shows he completed the Primary Leadership Development Course (PLDC) (now known as the Warrior Leader Course) during the period 2-30 August 2000, a period of 4 weeks.

5.  A DA Form 638 shows he was recommended for and awarded the Army Achievement Medal with 5th Oak Leaf Cluster (6th Award) by Permanent Orders Number 034-008, issued by Headquarters, 1st Squadron, 1st Cavalry Regiment, dated 28 February 2003.

6.  A DA Form 638 shows he was recommended for and awarded the Army Commendation Medal with 1st Oak Leaf Cluster (2nd Award) by Permanent Orders Number 174-028, issued by Headquarters, 2nd Brigade, 1st Armored Division, dated 23 June 2004.

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait/Iraq during the period 23 October 2006 to 22 February 2008, a period of 1 year and 4 months.

8.  On 25 March 2009, he was discharged from the Army with a bad conduct discharge in the rank/grade of private (PV1)/E-1.  He completed 9 years,
8 months, and 8 days of creditable active service with 432 days of time lost.  The DD Form 214 he was issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service;
	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Humanitarian Service Medal
* Army Service Ribbon

	c.  item 14 (Military Education) the entry "None"; and

	d.  item 18 (Remarks) no entry for any deployments.

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 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 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.  Records show the applicant participated in the following two campaigns:

* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

	b.  The Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated noncommissioned officer professional development courses.  It provides that completion of the Warrior Leader Course qualifies for award of the basic ribbon.

	c.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent 

awards of the Overseas Service Ribbon.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or
9 months continuous in Iraq or Afghanistan get credit for a completed short tour.

10.  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 provides standardized policy for the preparation of the DD Form 214 and states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22;

	c.  item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214, to include title, length in weeks, and year completed; this information is to assist the Soldier in job placement and counseling; and

	d.  item 18, for an active duty Soldier deployed to a foreign country 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.  Records show the applicant served overseas in:

* Korea for a period of 11 months and 29 days
* Germany for a period of 3 years and 5 days
* Kuwait/Iraq for a period of 1 year and 4 months

2.  Therefore, his DD Form 214 should be corrected to show he completed 
5 years, 4 months, and 4 days of total foreign service.

3.  Based on this overseas service, he is entitled to the Overseas Service Ribbon with Numeral 3 and correction of his DD Form 214 to show this award.

4.  Based on his service in Kuwait/Iraq, he is entitled to the Iraq Campaign Medal.  Additionally, he participated in two campaigns in Kuwait/Iraq.  Therefore, his DD Form 214 should be corrected to show the Iraq Campaign Medal with two bronze service stars.

5.  Evidence shows the applicant was awarded the 6th award of the Army Achievement Medal and the 2nd award of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

6.  Evidence shows he completed the PLDC during his period of service that entitles him to the basic Noncommissioned Officer Professional Development Ribbon.  Therefore, his DD Form 214 should be corrected to show this award in item 13 and by adding this course to item 14.

7.  DFAS confirmed the applicant service in Kuwait/Iraq during the period           23 October 2006 through 22 February 2008.  Therefore, item 18 of his DD Form 214 should be corrected to show this period of deployed service.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0005  04  04";

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

* Army Commendation Medal (2nd award)
* Army Achievement Medal (6th award)
* 
Iraq Campaign Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon with Numeral 3

	c.  deleting from item 14 of his DD Form 214 the current entry and replacing it with the entry "Primary Leadership Development Course, 4 weeks, 2000"; and

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/
IRAQ FROM 20061023 - 20080222."



      ___________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)                                         AR20120006946



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ABCMR Record of Proceedings (cont)                                         AR20120006946



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