IN THE CASE OF:	  

		BOARD DATE:	  28 November 2012

		DOCKET NUMBER:  AR20120009482 


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 that he served in Iraq, all of his awards and decorations, and his correct mailing address.

2.  The applicant states he deployed to Iraq in 2003.  After he was separated from active duty, the Global War on Terrorism Service Medal and Iraq Campaign Medal were authorized.  He also was awarded the Army Commendation, two Army Achievement Medals, and the Army Good Conduct Medal.  However, his
DD Form 214 does not show the period of his overseas deployment or all of his authorized awards.  Also, his mailing address should read "### E. Greencastle Drive, Granite Shoals, Texas  78654."

3.  The applicant provides copies of the reverse side of two DA Forms 638 (Recommendations for Award) and his Army Good Conduct Medal orders.

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 25 August 2000 for a period of
3 years.  He was awarded military occupational specialty 14S (Avenger Crewmember).

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 20 December 2003 based on completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 3 years, 3 months, and 26 days of active service.  It also shows in:

	a.  item 12 (Record of Service), block f (Foreign Service):  "0000 years,
00 months, and 00 days";

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

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

	c.  item 18 (Remarks):  does not show the applicant deployed with his unit to Kuwait/Iraq or the period of any such deployment;

   d.  item 19a (Mailing Address After Separation):  #### Eastside Drive, Apartment #, Killeen, TX  76543;

   e.  item 19b (Nearest Relative):  ### E. Greencastle Drive, Granite Shoals, Texas  78654; and

   f.  item 21 (Signature of Member Being Separated):  the applicant's signature.

4.  In support of his application, the applicant provides the following documents:

	a.  the reverse side of a DA Form 638 that shows Headquarters, 4th Brigade, 44th Air Defense Artillery (ADA), Iraq, Permanent Order Number 255-06, dated 12 September 2003, awarded the applicant the Army Commendation Medal;
   
   b.  the reverse side of a DA Form 638 that shows Headquarters, 4th Brigade, 44th ADA, Iraq, Permanent Order Number 255-07, dated 12 September 2003, awarded the applicant the Army Commendation Medal; and

   c.  Headquarters, 1st Battalion, 44th ADA, 4th Infantry Davison (Mechanized), Tikrit, Iraq, Permanent Orders Number 317-15, dated 13 November 2003, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 25 August 2000 through 24 August 2003.

5.  During the processing of this case, the General Processing Branch, Defense Finance and Accounting Service (DFAS), Cleveland, OH, was asked to verify information relevant to the applicant's receipt of Hostile Fire Pay/Imminent Danger Pay (HFP/IDP).  DFAS confirmed the applicant received HFP/IDP from
2 April through 2 September 2003 for Kuwait.

6.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he could provide copies of the two DA Forms 638 (both front and reverse).  To date, the applicant has failed to respond.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.

	b.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

	c.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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 to 31 December 2011.  It shows during the applicant's period of service in Iraq, he served in the following campaigns: 


* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

    		e.  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 GWOT operations outside of the AOE designated for award of the GWOTEM, ICM, or Afghanistan Campaign Medal (ACM).  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f:  enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period);

	b.  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; and

	c.  item 18:  For an active duty Soldier deployed to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

   d.  item 19:  enter the mailing address and county of residence furnished by the individual at time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Iraq, all of his awards, and his correct mailing address.

2.  The evidence of record shows the applicant arrived in the theater of operations on 2 April 2003 and he was authorized HFP/IDP for service in Kuwait through 2 September 2003.  Permanent orders also show that he served in Iraq during this period of service.

	a.  A calculation of this period of overseas service shows the following:


	2003  09  02	date of redeployment
	- 2003  04  02	date of deployment to Kuwait/Iraq
	=     00  05  00
	+                   1	day inclusive
	=     00  05  01	total foreign service in Kuwait/Iraq

	b.  Item 12f and item 18 of the applicant's DD Form 214 do not show this period of foreign service.  Therefore, it would be appropriate to correct his DD Form 214 to show he served in Kuwait/Iraq during the above cited period.

3.  Records show the applicant served in Iraq during the Liberation of Iraq and Transition of Iraq campaigns.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars.

4.  Records show the applicant entered active duty on 25 August 2000 and he deployed overseas on 2 April 2003.  Thus, records show he qualified for award of the GWOTSM for his service in GWOT operations outside of the AOE designated for award of the ICM.

5.  Permanent orders awarded the applicant the Army Good Conduct Medal
(1st Award) for the period 25 August 2000 to 24 August 2003.

6.  The applicant's request for award of the Army Commendation Medal was carefully considered.  The reverse side of the two DA Forms 638 that the applicant provides show that permanent orders awarded him two awards of the Army Commendation Medal.  However, the documents offer an incomplete record of the bases and reasons for the awards, and the respective periods of achievement and/or service.  Thus, the documents offer insufficient evidence for correcting the applicant's records to show the two awards.

7.  There is no evidence of record, and the applicant provides insufficient evidence, to show he was awarded the Army Achievement Medal.  Thus, he is not entitled to correction of his records to show the award.

8.  There is no evidence of record, and the applicant provides in sufficient evidence, to show that the mailing address entered in item 19a of his
DD Form 214 at the time of his separation from active duty was incorrect.  In fact, the evidence of record shows the applicant signed his DD Form 214 indicating that he had reviewed the information and that it was current and correct at the time.  Thus, there is no basis for correcting this item.

9.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his foreign service and awards, 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.  deleting from item 12, block f of his DD Form 214 the entry "0000  00  00" and adding the entry "0000  05  01";


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

* Army Good Conduct Medal (1st Award)
* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal
	
   c.  adding the entry:  "SERVICE IN KUWAIT/IRAQ FROM 20030402-20030902" to item 18 of his DD Form 214.

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 Army Commendation Medal, Army Achievement Medal, and mailing address after separation.
.  




      _______ _   __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)                                         AR20120009482



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009482



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1