IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009655 


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) for the period ending 6 August 2004 to show award of the Iraq Campaign Medal (ICM), Army Commendation Medal (ARCOM), and his mileage certificate of achievement for driving over 56,000 miles.

2.  He states he was deployed to Iraq for 15 months during Operation Iraqi Freedom.  He earned every award and certificate and this should be reflected on his DD Form 214.  

3.  He provides a page titled Military Service Data, Screen 6.

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.  After having had prior service in the Army National Guard, he enlisted in the Regular Army on 7 August 2001.

3.  He was honorably released from active duty on 6 August 2004.  He completed 3 years of active service with no lost time.  His service record does not indicate he was disqualified by his commander for the Army Good Conduct Medal (1st Award).  

4.  His DD Form 214 for the period ending 6 August 2004 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 (All periods of service)) the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Expert Marksmanship Qualification Badge with Rifle Bar;

	c.  item 14 (Military Education (Course title, number of weeks and month and year completed)) the entry "NONE"; and

	d.  item 18 (Remarks) no entries indicating he was deployed to Iraq.

5.  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 from 3 April 2003 to 4 April 2004, a period of 1 year and 1 day.

6.  A review of his record in the interactive Personnel Electronic Records Management System failed to reveal a recommendation or orders for award of the ARCOM or a mileage certificate that indicates he drove over 56,000 miles.  

7.  He provided a copy of his Military Service Data (Screen 6) which indicates he served in support Operation Iraqi Freedom from 19 March 2003 to 1 May 2003.  This document includes a handwritten statement indicating these deployment dates are incorrect.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved
campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

9.  The above Army regulation also 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

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 establishes standardized policy for the preparation of the DD Form 214.  

	a.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.  

	b.  It directs that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military pay records show he received HFP/IDP and CZTE for the period 3 April 2003 to 4 April 2004 (a period of 1 year and 2 days) for service in Kuwait/Iraq.  However, his DD Form 214 for the period ending 6 August 2004 does not show any awards for his service in Kuwait/Iraq or any foreign service.  

2.  The evidence of record shows he served a period of qualifying service for award of the ICM with two bronze service stars and correction of his DD Form 214 for the period ending 6 August 2004 to show these awards.  In addition, it would be appropriate to amend item 12f of this DD Form 214 to reflect 1 year and 2 days of foreign service and to amend item 18 to show his service in Kuwait/Iraq.  

3.  His service record is void of evidence which shows he was recommended for or awarded the ARCOM.  Therefore, there is insufficient evidence on which to add it to his DD Form 214.

4.  The applicant's service record is void of orders which show he was awarded the Army Good Conduct Medal for the period 7 August 2001 through 6 August 2004.  There is no evidence available which indicates he received any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal during his tenure on active duty.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 7 August 2001 through 6 August 2004.  

5.  Although the applicant requested correction of his DD Form 214 to show his mileage certificate of achievement for driving over 56,000 miles, the governing regulation has no provision to record a certificate of achievement on the DD Form 214.

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 the DD Form 214 for the period ending 6 August 2004 of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 7 August 2001 through 6 August 2004;
	b.  amending item 12f to show the entry “0001 00 02”;

   c.  amending item 13 by adding the ICM with two bronze service stars and Army Good Conduct Medal (1st Award); and
   
	d  amending item 18 to show the entry "SERVICE IN KUWAIT/IRAQ FROM 20030403 TO 20040404."

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 amending his DD Form 214 for the period ending 6 August 2004 to show award of the ARCOM and a mileage certificate of achievement for driving over 56,000 miles.




      _______ _   __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)                                         AR20120009655



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ABCMR Record of Proceedings (cont)                                         AR20120009655



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