IN THE CASE OF:	  

		BOARD DATE:	  30 July 2013

		DOCKET NUMBER:  AR20120022999 


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) for the period ending 25 January 2006 to show:

* two periods of deployed service
* two awards of the Army Commendation Medal (ARCOM)
* his name as Leon Cxxxxx-Lxxxx instead of Fxxxxxxxxx Lxxx Cxxxxx-Lxxxx 

2.  The applicant states he deployed in support of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) from 8 December 2002 through 7 December 2003.  He also deployed in support of OIF (III) from 22 December 2004 through 21 December 2005.

3.  The applicant provides:

* Pierce County District Court order of name change
* DD Form 214
* Orders 336-501 with amendment Permanent Orders (PO) 281-009
* 9th Finance Battalion deployment list
* 9th Finance Battalion redeployment list
* PO 288-401
* 9th Finance personnel manifest
* two ARCOM Certificates


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.  On 4 June 2001, the applicant enlisted in the Regular Army.  His DD Form 4 (Enlistment/Reenlistment Document) shows his name as Fxxxxxxxxx Cxxxxx-Lxxxx.  He completed training, was awarded military occupational specialty 44C (Financial Management Technician), and was promoted to pay grade E-4.

3.  Orders 336-501, issued by Headquarters, I Corps and Fort Lewis, dated 2 December 2002, ordered the 9th Finance Battalion to deploy in support of OEF on or about 4 December 2002 for a period of 364 days.

4.  A 9th Finance Battalion deployment list shows he deployed on Orders 
336-501.

5.  PO 302-04, issued by the 336th Finance Command, dated 29 October 2003, awarded him the ARCOM for meritorious service during the period 8 December 2002 to 7 December 2003.

6.  A 9th Finance Battalion redeployment list shows he redeployed on 7 December 2003.

7.  PO 288-401, issued by Headquarters, I Corps and Fort Lewis, dated 14 October 2004, ordered Charlie Detachment, 9th Finance Battalion to deploy in support of OIF II on 11 December 2004 for a period of 365 days.

8.    On 16 November 2004, a Pierce County District Court changed his name from Fxxxxxxxxx Cxxxxx-Lxxxx to Leon Cxxxxx-Lxxxx. 

9.  A personnel manifest for the 9th Finance Battalion, dated 29 November 2004, lists his name. 

10.  An ARCOM Certificate shows PO 05-175-082 issued by the 917th Corps Support Group, dated 24 June 2005, awarded him the ARCOM for meritorious service during the period 22 December 2004 to 21 December 2005.  This certificate shows his first name as Lxxx.

11.  His DD Form 214 shows he was honorably released from active duty on 25 January 2006 to attend school.  This form shows his name as Fxxxxxxxxx Lxxx Cxxxxx-Lxxxx.

12.  His DD Form 214 is void of a foreign service entry in item 12f (Foreign Service).  It is also void of any entries in item 18 (Remarks) regarding deployments.  His DD Form 214 shows he was awarded or authorized:

* ARCOM
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

13.  During the processing of this case the Defense Finance and Accounting Service confirmed through the Soldier's Master Military Pay Account he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from:

* 10 December 2002 through 9 December 2003 for Qatar
* 22 December 2004 through 1 December 2005 for Kuwait

14.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

15.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the GWOT 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.  This regulation further states 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.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.
16.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

17.  According to the Awards Branch at U.S. Army Human Resources Command, Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more receive credit for a completed short tour.

18.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It states to enter in block 12f the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).  It further prescribes that for an active duty Soldier deployed to a foreign country 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)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  His records show he enlisted under the name of Fxxxxxxxxx Cxxxxx-Lxxxx.

2.  The court order he submitted shows his name was changed from Fxxxxxxxxx Cxxxxx-Lxxxx to Leon Cxxxxx-Lxxxx on 16 November 2004.  His ARCOM Certificate, dated 24 June 2005, shows his name as Leon Cxxxxx, indicating he may have attempted to have his name changed in his records.  His DD Form 214 shows his name as Fxxxxxxxxx Lxxx Cxxxxx-Lxxxx.  As such, it appears his name change may not have been fully disseminated throughout the personnel system; therefore, it would be appropriate to correct his DD Form 214 to show his name as Leon Cxxxxx-Lxxxx. 

3.  He submits orders showing he was scheduled for deployment in support of OEF and OIF in 2002-2003 for 364 days and in support of OIF II in 2004-2005 for 365 days.

4.  9th Finance Battalion deployment and redeployment lists show he was credited with deployment from on or about 4 December 2002 to 7 December 2003.


5.  DFAS records show he received HFP/IDP and CZTE during the periods:

* 10 December 2002 through 9 December 2003 for Qatar (1 year)
* 22 December 2004 through 1 December 2005 for Kuwait (11 months and 10 days)

6.  Though HFP/IDP and CZTE may not reflect other creditable foreign service he may have had, there is a sufficient basis upon which to amend item 12f of his DD Form 214 to show 1 year, 11 months, and 10 days.

7.  Based on the above information, it would be appropriate to add to item 18 of his DD Form 214 the statements:

* SERVICE IN QATAR FROM 10 DECEMBER 2002 - 9 DECEMBER 2003
* SERVICE IN KUWAIT FROM 22 DECEMBER 2004 - 1 DECEMBER 2005

8.  PO's awarded him two ARCOMs.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (2nd Award).

9.  His records show he completed service in an AOE which qualifies him for the GWOTEM.  As such, he is entitled have this medal added to his DD Form 214.

10.  His records show he completed at least 8 months and 16 days of service or more in Qatar and in Kuwait which qualifies him for two short tours.  As such, it would be appropriate to add the OSR (2nd Award) to his DD Form 214.

11.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

	a.  amending his DD Form 214 to show his name the same as that on the Pierce County District Court order, dated 16 November 2004;

	b.  amending item 12f of his DD Form 214 to show 1 year, 11 months, and 10 days of foreign service;

	c.  adding to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the ARCOM (2nd Award), OSR (2nd Award), and GWOTEM; and 

	d.  adding to item 18 of his DD Form 214 the statements:

* SERVICE IN QATAR FROM 10 DECEMBER 2002 - 9 DECEMBER 2003
* SERVICE IN KUWAIT FROM 22 DECEMBER 2004 - 1 DECEMBER 2005




      _______ _   _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)                                         AR20120022999



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022999



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1