BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120018513 


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:

* Combat Patch
* Expert Infantryman Badge
* Army Good Conduct Medal
* Army Achievement Medal (4th Award)
* Correct place of entry [on active duty]
* Correct foreign service

2.  The applicant states his DD Form 214 is incorrect and/or incomplete.  It does not list all his awards and decorations, place of entry on active duty, or foreign service.

3.  The applicant provides:

* DD Form 214
* Permanent Order (PO) 123-1 (Combat Infantryman Badge)
* PO 071-53 (Army Good Conduct Medal)
* PO 273-01 (Expert Infantryman Badge)
* POs 308-63, 248-16, 140-019, and 306-008 (Army Achievement Medals)
* Certificate of Achievement (Expert Infantryman Badge)
* 
Certificate of Achievement (Macedonia)
* Orders 11-2 (Enlistment)
* Orders 029-308 (Promotion)

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 U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 23 September 1995.  His DD Form 4 (Enlistment/
Reenlistment Document – Armed Forces of the United States) shows in item 6 (Place of Enlistment) – Jackson, MS, MEPS [Military Entrance Processing Station].

3.  He was discharged from the USAR DEP on 17 January 1996 and he enlisted in the Regular Army (RA) on 18 January 1996 at the Jackson, MS, MEPS for a period of 3 years.  Orders 110-2, issued by the Jackson MEPS, dated 18 January 1996, ordered him to active duty effective the date of the orders and assigned him to Fort Benning, GA, for completion of training.

4.  He completed training and he was awarded military occupational specialty (MOS) 11B (Infantryman).  He also completed 2 weeks of additional training and was awarded MOS 11M (Fighting Vehicle Infantryman).

5.  He was initially assigned to 2nd Battalion, 7th Infantry, Fort Stewart, GA, where he executed an 11-month extension of his enlistment contract.

6.  He subsequently served in Germany with the 1st Battalion, 18th Infantry, from 6 November 1997 through 5 November 1999.  While in Germany, he also executed a 12-month extension of his enlistment contract on 1 December 1997.

7.  Upon completion of his Germany tour, he was reassigned to the
2nd Squadron, 7th Cavalry, 1st Cavalry Division, Fort Hood, TX.  While at Fort Hood, on 12 October 2000, he executed a 3-year reenlistment in the RA.  His
DD Form 4 shows in item 6 the entry, D Company, 2-7 Cavalry, 1st Cavalry Division, Fort Hood.

8.  He attended and successfully completed the Primary Leadership Development Course (PLDC) from 3 January 2001 to 2 February 2001 at the Fort Hood Noncommissioned Officer (NCO) Academy.

9.  Orders 029-308, issued by the 15th Personnel Services Battalion, Fort Hood, dated 29 January 2001, promoted him to sergeant (SGT)/E-5 effective
2 February 2001.

10.  He was reassigned to Fort Benning on or about 3 August 2001 where he remained until he was honorably discharged on 20 December 2003 by reason of completion of required active service.  He completed 7 years, 11 months, and
3 days of creditable active service with no time lost.  His DD Form 214 shows in:

* Item 7a (Place of Entry on Active Duty) - Fort Hood, TX
* Item 12f (Foreign Service) - "0002  00  00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Mortar Bar

* Item 18 (Remarks) no service in a hostile fire/imminent danger pay (HF/IDP) area

11.  On 12 April 2013, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received HF/IDP and combat zone tax exclusion (CZTE):

* from 27 October 1998 to 3 February 1999 for service in Macedonia
* from 11 January 2003 to 10 July 2003 for service in Kuwait

12.  He provides:

	a.  PO 123-1, issued by Headquarters, 3rd Brigade, 3rd Infantry Division, dated 3 May 2003, awarding him the Combat Infantryman Badge for the period 20 March to 14 April 2003.

	b.  PO 071-53, issued by Headquarters, 38th Personnel Service Battalion, dated 12 March 1999, awarding him the Army Good Conduct Medal (1st Award) for the period 18 January 1996 through 17 January 1999.

	c.  PO Number 273-01, issued by Headquarters, 2nd Brigade, dated 30 September 1999, awarding him the Expert Infantryman Badge for the period 13 September to 24 September 1999.  He also provides a certificate of achievement confirming this award.

	d.  PO Number 308-63, issued by Headquarters, 1st Battalion, 15th Infantry, Fort Benning, dated 4 November 2002, awarding him the Army Achievement Medal for outstanding performance from 19 May through 2 December 2002.

	e.  PO 248-16, issued by Headquarters, 2nd Battalion, 7th Infantry, Fort Stewart, dated 8 September 1997, awarding him the Army Achievement Medal for meritorious service from 29 May 1996 to 4 October 1997.

	f.  PO Number 140-019, issued by Headquarters, 1st Battalion, 18th Infantry, Germany, dated 20 May 1998, awarding him the Army Achievement Medal for meritorious achievement from 13 April to 8 May 1998.

	g.  PO Number 306-008, issued by Headquarters, 1st Battalion, 18th Infantry, Germany, dated 2 November 1999, awarding him the Army Achievement Medal for meritorious service from 6 November 1997 to 1 November 1999.

	h.  Certificate of Achievement, dated 2 February 1999, for meritorious achievement while serving in the eleventh rotation of the United Nations Preventive Deployment Force in the Former Yugoslav Republic of Macedonia. No dates of service are listed.

13.  His record contains permanent orders awarding him the first award of the Army Good Conduct Medal.  A review of his record shows no derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the second award of the Army Good Conduct Medal.

14.  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 similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  The NCO Professional Development Ribbon is awarded to Active Army Soldiers for successful completion of designated NCO professional development courses.  A service member will be awarded the NCO Professional Development Ribbon with the numeral that identifies the highest level of the Noncommissioned Officer Educational System (NCOES) successfully completed.  The bar ribbon device denoted the successful completion of the primary level.

	c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism Service Medal operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	d.  The Global War on Terrorism Expeditionary Medal 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 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.

	e.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE 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. During his service in Iraq he participated in the following two campaigns:

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

	f.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  This award is authorized for service in the Former Republic of Yugoslavia- Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998, for participants deployed to Bosnia-Herzegovina and Croatia.

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic combat and advanced individual training.  Chapter 2 of this regulation states for:

* Item 6, enter the place of entry on active duty during the period covered by the DD Form 214
* item 12f, enter the total period 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)"

16.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch."  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  There are no 

provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR DEP and subsequently in the RA in 1995 at the Jackson, MS MEPS.  As such, he entered active duty from Jackson, MS.  Although he reenlisted in October 2000 at Fort Hood, since he had no break in service between enlistment and discharge, his place of entry on active duty should have remained as Jackson, MS.  Therefore, item 6 of his DD Form 214 should be corrected to show Jackson, MS vice Fort Hood, TX.

2.  With respect to the foreign service:

	a.  The available evidence shows he served in Germany from 6 November 1997 to 5 November 1999, a period of 2 years.  He provides a certificate that shows he served in Macedonia.  His pay record confirms he received HF/IDP and CZTE for service in Macedonia from 27 October 1998 to 3 February 1999.  This period of foreign service occurred during his service in Germany and is already included in the foreign service of 2 years credited in item 12f of his
DD Form 214.  However, this deployment should be listed in item 18 of his
DD Form 214.

	b.  He also provides PO 123-1, dated 3 May 2003, that confirms his award of the Combat Infantryman Badge for service from 20 March to 14 April 2003. His pay record confirms he received HD/IDP for service in Kuwait from
11 January to 10 July 2003 (6 months).  Therefore, items 12f and 18 of his
DD Form 214 should be corrected to show this foreign/combat service. 

3.  The combat patch, correctly known as the shoulder sleeve insignia – former wartime service, is an item of clothing.  It is not an award or decoration; therefore, it is not authorized for entry on the DD Form 214.  

4.  With respect to awards and decorations:

	a.  The applicant provides four certificates that confirm PO awarded him four awards of the Army Achievement Medal, none of which are shown on his
DD Form 214.  Therefore, his DD Form 214 should be corrected to show these four awards.

	b.  The applicant provides PO that confirm he was awarded the Combat Infantryman Badge and the Expert Infantryman Badge, neither of which are shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

	c.  The applicant successfully attended and completed PLDC.  Therefore, he is entitled to award of the NCO Professional Development Ribbon and correction of his DD Form 214 to show this award.

	d.  He served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

	e.  He served in Kuwait/Iraq from 11 January 2003 to 10 July 2003.  The beginning date of OIF is 18 March 2003.  This indicates he was in Kuwait from 11 January 2003 to on or about the beginning of OIF.  As such, he served during a qualifying period of service for entitlement to the Global War on Terrorism Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

	f.  Since he also served in Iraq as evidenced by his award of the Combat Infantryman Badge from on or about 18 March 2003 to on or about 10 July 2003, he is entitled to the Iraq Campaign Medal.  This period coincides with two campaigns; therefore, his DD Form 214 should be corrected to show the Iraq Campaign Medal with two bronze service stars.

	g.  His service in Macedonia entitles him to award of the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  With respect to the Army Good Conduct Medal:

	a.  He was awarded the Army Good Conduct Medal (1st Award) for the period 18 January 1996 through 17 January 1999.  However, he served honorably through 20 December 2003, thereby completing 7 years, 11 months, and 3 days of continuous active service.

	b.  There is no derogatory information on file that would have disqualified him from receiving a second award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (2nd Award) for the period 18 January 1999 through 17 January 2002 based on completion of a qualifying period of active Army service and correcting his DD Form 214 to show this award.

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:

* deleting from item 7a of his DD Form 214 the entry "Fort Hood, TX" and replacing it with the entry "Jackson, MS"
* awarding him the Army Good Conduct Medal (2nd Award) for the period 18 January 1999 through 17 January 2002
* adding to item 13 the:

* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* NCO Professional Development Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge

* Adding to item 18 of his DD Form 214 the entries "Service in Macedonia from 19981027 - 19990203" and "Service in Kuwait/Iraq from 20030111 - 20030710"

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 adding the combat patch to his DD Form 214.



      _________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)                                         AR20120018513



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ABCMR Record of Proceedings (cont)                                         AR20120018513



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