BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020783 


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 his pay grade as E-4 and award of the Iraq Campaign Medal (ICM) and Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states:

* he met the time in grade (TIG) and time in service (TIS) requirements for advancement to E-4
* this would have been effective 1 November 2003 but he was separated before this information had been updated by personnel
* failure to reflect he qualified for and was advanced to E-4 prevents him from reentering any service because of the current indicated rank and the proper separation code
* the missing medals do not allow him to be placed on the National register for Persian Gulf War illnesses

3.  The applicant provides a copy of his DD Form 214.

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 24 June 1999 for a period of 4 years.  He completed his training and was awarded military occupational specialty 54B (chemical operations specialist).  He was advanced to the rank of private first class (PFC)/E-3 on 1 March 2003.  On 30 November 2003, he was released from active duty in the rank of PFC and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  His DD Form 214 shows in:

* item 4a (Grade, Rate, or Rank), the entry "PFC"
* item 4b (Pay Grade), the entry "E3"
* item 12h (Effective Date of Pay Grade), the entry "2003  03  01 [1 March 2003]"
* item 18 (Remarks), the entry "SOLDIER SERVED IN OPERATION ENDURING/IRAQI FREEDOM FROM 030127 UNTIL 030812"

4.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Presidential Unit Citation (Army)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Army Lapel Button
* North Atlantic Treaty Organization Medal (Yugoslavia)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  There is no evidence of record which shows the applicant was advanced to the rank of specialist (SPC)/E-4 prior to his release from active duty on 


30 November 2003.  The available records do not contain a DA Form 4187 (Personnel Action) recommending or approving such action.

6.  He enlisted in the Army National Guard (ARNG) on 14 December 2005 for a period of 1 year in the grade of E-3.  On 21 December 2005, he was discharged for failure to meet medical procurement standards.

7.  Paragraph 2-3c of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states the automatic promotion eligibility criteria to SPC/E-4 requirements are 24 months of TIS and 6 months of TIG.

8.  Paragraph 2-3d of Army Regulation 600-8-19 states that if a unit commander elects not to recommend a Soldier for promotion on the automatic promotion date, then a DA Form 4187 denying the promotion will be submitted not later than the 20th day of the month preceding the month of automatic promotion.
 
9.  Army Regulation 600-8-22 (Military Awards) states the ICM is awarded to members who served in direct support of Operation Iraqi Freedom.  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 ICM 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)

10.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized award of the GWOTSM.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he met the TIG and TIS requirements for advancement to E-4.  However, there is no evidence he was automatically advanced to E-4.  It appears his unit commander may have elected not to recommend him for automatic advancement to E-4.  Therefore, there is insufficient evidence on which to amend item 4b of his DD Form 214.

2.  His contention that failure to reflect he qualified for and was promoted to E-4  prevents him from reentering any service because of the current indicated rank was noted.  However, the evidence shows he enlisted in the ARNG in 2005 in the grade of E-3 and he was discharged for failure to meet medical procurement standards.

3.  Based on his service in Iraq and participation in two campaigns, he is authorized award of the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this medal.

4.  He served a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  _____x___  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding award of the ICM with two bronze service stars and GWOTSM to his DD Form 214.

2.  The Board further determined 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 item 4b of his DD Form 214 to show his pay grade as E-4.



      ___________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)                                         AR20120020783



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ABCMR Record of Proceedings (cont)                                         AR20120020783



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