IN THE CASE OF:	  

		BOARD DATE:	  14 September 2013

		DOCKET NUMBER:  AR20130000754 


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) as follows:

* in item 12f (Foreign Service) to show credit for service from 5 February to 6 June 2003
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show award of the Army Commendation Medal (ARCOM), Iraq Campaign Medal (ICM), and any additional awards
* in item 18 (Remarks) to show service in Iraq from 20 March to May 2003

2.  The applicant states his foreign service and awards were not annotated on his DD Form 214 upon his discharge from the U.S. Army.

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal Certificate
* Orders 022-304 with personnel manifest, dated 22 January 2002
* DA Form 4856 (Developmental Counseling Form), dated 1 August 2003

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 23 February 2001, the applicant enlisted in the Regular Army and served as a 92Y (Unit Supply Specialist).

3.  His records contain Permanent Orders 143-300, dated 26 May 2003, awarding him the Driver and Mechanic Badge with Driver-W Clasp while assigned to Headquarters and Headquarters Battery, 2nd Battalion, 4th Field Artillery, for the period 21 February to 18 May 2003.

4.  On 22 February 2004, he was honorably released from active duty.  He completed 3 years of net active service.

5.  His DD Form 214 shows in:

* item 12f – no foreign service
* item 13 – the National Defense Service Medal and the Army Service Ribbon
* item 18 – no deployment locations

6.  The Defense Finance and Accounting Service (DFAS) confirms he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 21 February through 15 June 2003.

7.  Department of the Army General Orders Number 2009-14, dated 16 December 2009, announced the award of the Valorous Unit Award (VUA) to the 2nd Battalion, 4th Field Artillery Regiment, for extraordinary heroism while engaged in military operations during the period 19 March to 1 June 2003.

8.  He provides:

	a.  an ARCOM Certificate bearing Permanent Order Number 157-52, issued by Headquarters, 214th Field Artillery Brigade, dated 6 June 2003, awarding him the ARCOM for meritorious achievement during Operation Iraqi Freedom (OIF) from 20 March to 5 May 2003;

	b.  Orders 022-304, dated 22 January 2002, issued by the U.S. Army Field Artillery Center and Fort Sill, with associated personnel manifest ordering Headquarters and Headquarters Service Battery, 2nd Battalion, 4th Field Artillery, on temporary change of station to the U.S. Central Command area of operations in support of OIF effective 5 February 2003 for a period not to exceed 364 days.  The applicant's name is shown on the list of personnel assigned; and

	c.  a DA Form 4856, dated 1 August 2003, wherein his section chief indicated the applicant had successfully redeployed from a combat environment safely.

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

	a.  The Army Good Conduct Medal (AGCM) 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 AGCM, disqualification must be justified.

	b.  The ICM is awarded to members of the Armed Forces who 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 ICM 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, the applicant participated in the following two campaigns:

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

	c.  The Global War on Terrorism Service Medal (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 on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.

10.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during his or her continuous period of active service; and

	b.  item 18 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)."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the ARCOM for the period 20 March to 5 May 2003 and the Driver and Mechanic Badge with Driver-W Clasp.

2.  Although documents contained in his records show slightly different periods of service in Iraq, the dates confirmed by his DFAS pay record are considered the most accurate because he received hostile fire/imminent danger pay based on dates reported by his unit.  His DFAS records show he received hostile fire/imminent danger pay from 21 February to 15 June 2003 (a period of 3 months and 25 days) which is a qualifying period for award of the ICM.  Additionally, he participated in two campaigns during this period of service.  Therefore, he is entitled to award of two bronze service stars with the ICM.

3.  He served a qualifying period for award of the GWOTSM.

4.  General orders awarded his unit the VUA during his period of assignment.

5.  The available evidence is sufficient to correct item 12f of his DD Form 214 to show completion of 3 months and 25 days of foreign service and to correct item 18 to show he served in Kuwait/Iraq from 21 February to 15 June 2003.

6.  Regarding the applicant's request to show his foreign service from 5 February to 6 June 2003 (a period of 4 months and 2 days) in item 12f and his service in Iraq from 20 March to May 2003 in item 18, there is insufficient evidence to corroborate these dates of foreign service.  Therefore, this portion of his request should be denied.



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:

	a.  awarding him the AGCM (1st Award) for the period 23 February 2001 through 22 February 2004,

	b.  amending item 12f of his DD Form 214 to show "0000  03  25,"

	c.  adding the following awards to item 13 of his DD Form 214:

* ARCOM
* AGCM (1st Award)
* ICM with two bronze service stars
* GWOTSM
* VUA
* Driver and Mechanic Badge with Driver-W Clasp

	c.  adding the following statement to item 18 of his DD Form 214:  "SERVICE IN KUWAIT/IRAQ FROM 20030221-20030615."

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 adding the periods of foreign service requested in his application 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)                                         AR20130000754



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000754



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1