IN THE CASE OF:	  

		BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120016944 


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 item 12a (Date Entered Active Duty (AD) This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 15 June 2004 instead 15 June 2003.  He also requests correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded the Army Commendation Medal (3rd Award).

2.  The applicant states the date he entered on active duty was incorrectly entered as 2003 instead of 2004, and his third Army Commendation Medal was received from his last unit after his release from active duty (REFRAD) and completion of his initial DD Form 214.

3.  The applicant provides:

* DD Form 214, dated 15 June 2009
* DD Form 4/1 and DD Form 4/3 (Enlistment/Reenlistment Document Armed Forces of the United States)
* Army Commendation Medal Permanent Orders 156-065, dated 5 June 2006
* Army Commendation Medal Permanent Orders Number 007-306, dated 7 January 2009
* Army Commendation Medal Permanent Orders Number 038-439, dated 7 February 2009


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's DD Form 4/3 shows he enlisted in the Regular Army on
15 June 2004.  He completed training as an infantryman.  He served in Iraq from 5 December 2005 – 30 November 2006 and 13 March 2008 – 13 March 2009.

3.  He was REFRAD on 15 June 2009, at the completion of his required active service.

4.  Item 12a of his DD Form 214 shows he entered AD this period on 15 June 2003.  Item 13 on his DD Form 214 shows the following awards:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with Campaign Star (2nd Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Combat Infantryman Badge

5.  A review of the interactive Personnel Electronic Records Management System (iPERMS) fails to reveal Permanent Orders Number 038-439 contained therein.  However, the applicant provides a copy of these orders which covers the period 25 June 2007 to 15 June 2009.

6.  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.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

	a.  Item 12a – Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

	b.  Item 13 – Decorations, medals, badges, citations and campaign ribbons will be entered from information recorded on the Enlisted Record Brief.

7.  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.  Only one award of this medal may be authorized for any individual.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  The available evidence shows he entered on AD on 15 June 2004.  His DD Form 214 should be amended to show the correct date of his entry on AD.

3.  The applicant was awarded the Army Commendation Medal (3rd Award) in Permanent Orders Number 038-439.  This award should be shown on his DD Form 214.

4.  Only one award of the Iraq Campaign Medal is authorized.  His DD Form 214 should be corrected to show he was awarded the Iraq Campaign Medal with four bronze service stars.

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 deleting the entry "Iraq Campaign Medal w/Campaign Star (2nd Award)" from his DD Form 214 dated 15 June 2009 and amending it to add the following:

* Item 12a – 15 June 2004
* Item 13 – Army Commendation Medal (3rd Award)
* Item 13 – Iraq Campaign Medal with four bronze service stars




      _______ _   _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)                                         AR20120016944





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ABCMR Record of Proceedings (cont)                                         AR20120016944



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