BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20120022820 


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 proper pay grade, his awards, and his foreign service.

2.  The applicant states nothing is on his DD Form 214 to show his combat service, service in Germany, or any of his awards.  He is soon to be homeless and needs to fix his past so he can have a future.

3.  The applicant provides no evidentiary documentation.

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 19 September 2005, completed training, and was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  Multi-National Division (Baghdad) Permanent Orders Number 050-031, dated 19 February 2008, awarded the applicant the Combat Infantryman Badge for participating in ground combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom on 26 September 2007.  His unit is shown as Company H, 3rd Squadron, 2nd Stryker Cavalry Regiment.

4.  A review of the applicant's pay records shows he received hazardous duty/imminent danger pay for service in Iraq from 13 August 2007 through 29 October 2008.

5.  The applicant was absent without leave (AWOL) from 6 January 2009 through 19 May 2009.  Upon his return to military control court-martial charges were preferred.  His duty assignment at the time of the AWOL was Company H, 3rd Squadron, 2nd Stryker Cavalry Regiment, Rose Barracks, Vilseck, Germany.

6.  On 21 May 2009, the applicant requested discharge in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10.

7.  On 25 June 2009, the discharge authority approved the request and directed the applicant's discharge under other than under honorable conditions (UOTHC) and his reduction to private/E-1.

8.  The applicant was discharged UOTHC on 17 July 2009 in the rank of private (PV1)/E-1.  His DD Form 214 shows he completed 3 years, 5 months, and 19 days of creditable service with 137 days of lost time.  The entries on this form related to his requests are shown as the following: 

* item 4a (Grade, Rate, or Rank) – PV1
* item 4b (Pay Grade) – E-1
* item 11 (Primary Specialty) – NONE
* item 12c (Net Active Service This Period) - 0003  05  19
* item 12f (Foreign Service) – 00  00  00
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – NONE
* item 18 (Remarks) – no deployment information
* item 29 (Dates of Time Lost During This Period) 20090106 - 20090519

9.  Although a review of the applicant's pay records shows assignment in Germany from 24 July 2006 through 7 June 2009, the only other available documents that contain any reference to the applicant's actual duty assignments are the orders for the Combat Infantryman Badge and the AWOL documents.

10.  Army Pamphlet 351-4 (U.S. Army Formal Schools Catalog) shows basic combat training (BCT) as 10 weeks and advanced individual training (AIT) for MOS 11B as 13 weeks.

11.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states that when a Soldier is to be discharged UOTHC, the separation authority will direct an immediate reduction to the lowest enlisted grade.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service for any period 11 September 2001 and a date to be determined.

	b.  The Global War on Terrorism Service Medal 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 Iraq Campaign Medal.  All Soldiers on active duty 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 Global War on Terrorism Service Medal.

	c.  The Iraq Campaign Medal 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 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. 
Approved campaigns are:

* Liberation of Iraq (19 March-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)

	d.  Effective 1 August 1981, the Overseas Service Ribbon is awarded to members for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

13.  Information received from U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or more (8 months and 17 days).  Therefore, the OSR may be granted if the applicant served at least 8 months and 17 days on his/her tour.)  

14.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.  Service of 17 days or more is credited as a full month.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states at:

	a.  item 11, enter the titles of all MOS's served in during the current period for at least 1 year and include the number of years and months served for each MOS from the Enlisted Record Brief.  For time determination, 16 days or more count as a month.  Do not count BCT and AIT;

	b.  item 12c, is the amount of service this period, computed by subtracting item 12a from 12b. Any Lost time under 10 USC 972 and non-creditable time after ETS, if any, are deducted.

   c.  item 12f, enter the total amount of foreign service completed during the period covered in item 12c from the ERB;

	d.  item 13, list all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Do not use abbreviations; and
	e.  item 18, use this block for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries in items 11, 13, and 14.  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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged UOTHC under the provisions of Army Regulation 635-200, chapter 10.  With the receipt of a UOTHC discharge, the applicant was required to be reduced to the lowest enlisted grade under Army Regulation 600-8-19.  His DD Form 214 correctly reflects this action.

2.  The applicant's DD Form 214 was not properly completed and at this point it is virtually impossible determine which entries are correct and/or what the correct entries for several items should be.  However, the following items can and should be addressed at this time.

3.  The applicant's DD Form 214 incorrectly states he had no primary specialty. 

	a.  his records show he trained as an infantryman and was awarded MOS 11B;

	b.  item 12c on the DD Form 214 shows his creditable period of service as 3 years, 5 months, and 19 days;

	c.  by subtracting the duration of BCT and AIT, plus a week for the Christmas holiday (4 months and 13 days), from his creditable period of service, he is shown to have served in the MOS 11B for 3 years, 1 month, and 6 days;

	d.  for entry at item 11, this period would be rounded to 3 years and 1 month; and

	e.  based on the above, it would be appropriate to correct item 11 to show "11B Infantryman, 3 years, 1 month."

4.  The applicant's DD Form 214 incorrectly states he had no foreign service.  Due to a lack of specific information of his duty assignments his exact total period of foreign service and the location of that service cannot be determined; however:


	a.  the available evidence does indicate he was assigned to duty in Germany from 24 July 2006 through 7 June 2009, a period of 2 years, 10 months, and 
15 days;

	b.  he was AWOL for 4 months and 13 days during his period of assignment in Germany;

	c.  subtracting his period of lost time from his assignment dates gives a period of creditable foreign service of 2 years, 6 months, and 2 days; and

	d.  based on the above, it would be appropriate to correct item 12f to show 0002  06  02.

5.  The applicant's DD Form 214 incorrectly states he was not authorized any awards or decorations.  

	a.  the available record contains orders awarding him the Combat Infantryman Badge for his service in Iraq.  This badge is not shown on his DD Form 214;

	b.  based on his period of service, the applicant is authorized award of the National Defense Service Medal and the Global War on Terrorism Service Medal; 

	c.  based on his dates of service in Iraq, the applicant is authorized award of the Iraq Campaign Medal with one bronze service star;

	d.  although the applicant's tour of duty in Germany cannot be considered to have been successful for the award of the Overseas Service Ribbon, his period of deployment to Iraq is considered a short tour for this award; and

	e.  therefore, it is appropriate to correct the applicant's records to show his authorized awards as National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with one bronze service star, Overseas Service Ribbon, and the Combat Infantryman Badge and add these awards to his DD Form 214.

10.  The mandatory statement showing the applicant's period of deployment in Iraq in support of Operation Iraqi Freedom was not included in item 18 of his DD Form 214.  It would be appropriate to add the entry "SERVICE IN IRAQ FROM 20070813-20081029."




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 amending his DD Form 214 as follows:

	a.  deleting the current entries in items 11, 12f, and 13; and

	b.  adding the following entries as indicated:

* item 11 – 11B Infantryman, 3 years, 1 month
* item 12f – 2 years, 6 months, 2 days
* item 13 – National Defense Service Medal, Global War on Terrorism
 	Service Medal, Iraq Campaign Medal with one bronze service star,
   Overseas Service Ribbon, and Combat Infantryman Badge
* item 18 – "SERVICE IN IRAQ FROM 20070813-20081029"

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 his rank and pay grade at the time of his separation.



      __________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)                                         AR20120022820



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022820



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1