IN THE CASE OF:	  

		BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120018365 


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 award of the Combat Action Badge (CAB), Purple Heart, Presidential Unit Citation (PUC), Army Commendation Medal (ARCOM), Global War on Terrorism Expeditionary Medal (GWOTEM), and the Bronze Star Medal (BSM).  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of deployment in Iraq.   

2.  The applicant states:

* his DD Form 214 does not show his deployment in Iraq from 2003 to 2004
* he separated before the award ceremony and before the awards were issued
* prior to his separation he was told he would receive the abovementioned awards  

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Five letters of support
* Permanent Orders 110-15, issued by the U.S. Army Human Resources Command, (HRC), dated 20 April 2009
* Congressional Inquiry, dated 12 September 2012



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 requested award of the Purple Heart and the Combat Action Badge.  On 30 April 2013, the applicant was notified by separate correspondence that the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.  Regarding award of the Purple Heart and Combat Action Badge, he has yet to exhaust all administrative remedies.  As such, he was provided the necessary information to do so through HRC.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  On 11 July 2000, he enlisted in the Regular Army for a period of 4 years.  He completed his training and he was awarded military occupational specialty 13B (cannon crewmember).  On 10 July 2004, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

4.  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 during the period covered by the DD Form 214;

	b.  item 13 (Decoration, Medals, Badges, Citations and Campaign Rebbons Awarded or Authorized) the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge

	c.  item 18 (Remarks) no entry for any deployed service.
5.  His DD Form 214 further shows his last duty assignment and major command was Headquarters and Headquarters Battery, 2nd Battalion, 319th Field Artillery Battalion, Forces Command.

6.  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 Kuwait/Iraq from 14 February 2003 through 30 January 2004, a period of 11 months and 17 days.

7.  Permanent Orders 110-15, issued by HRC, dated 20 April 2009, cited
2nd Battalion, 319th Field Artillery for award of the PUC for actions in Iraq for the period 28 April 2003 through 1 May 2003.

8.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the ARCOM or the BSM.

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, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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

	c.  The 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 (AOE) 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.  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 AOE, or meet other, specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) in designated specific geographic AOE, including Kuwait.

	d.  The Iraq Campaign Medal is awarded to members who have served in direct support of 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 include the:

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

	e.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  According to the Awards Branch at HRC, 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 establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* 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)"

11.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration, either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant's unit in Iraq was cited for award of the PUC during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

2.  There is no evidence or record and the applicant did not provide any evidence that shows he was recommended for or awarded the BSM or ARCOM.  Therefore, there is insufficient evidentiary basis for granting this portion of his request.

3.  While the available evidence is insufficient for awarding the applicant the BSM or the ARCOM, this in no way affects the applicant’s right to pursue his claim for the BSM and ARCOM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  DFAS confirmed he served in Kuwait/Iraq from 14 February 2003 through 
30 January 2004, a period of 11 months and 17 days.  Therefore, his DD Form 214 should be corrected to show this period of foreign service and deployment.

5.  Evidence shows he served during a qualifying period of service for the GWOTEM (Kuwait from 14 February-18 March 2003), the Iraq Campaign Medal with two bronze service stars, and the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show these awards.

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 12f of his DD Form 214 the current entry and replacing it with the entry "0000  11  17";

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

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon
* Presidential Unit Citation

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030214 - 20040130."

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 award of the Bronze Star Medal or the Army Commendation Medal.


      _______ _   _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)                                         AR20120018365



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ABCMR Record of Proceedings (cont)                                         AR20120018365



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