BOARD DATE:	  6 August 2013

		DOCKET NUMBER:  AR20130000955 


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 deployment to Kuwait in 2003 and his medals and combat patch.

2.  The applicant states the deployment and awards are not shown on his
DD Form 214.  He needs the correction for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides:

* Permanent Orders 050-057, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, dated 19 February 2003, with by-name manifest
* NATO Travel Orders, dated 19 February 2003
* Post-Deployment Health Assessment, dated 12 June 2003
* DD Forms 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 23 September 1999.  He held military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  On 22 September 2005, he was honorably released from active duty in the rank/grade of private (PV2)/E-2 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows in:

* Item 12f (Foreign Service) - the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal

* Item 18 (Remarks) no service in a hostile file/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE)

4.  He provides:  

	a.  Permanent Orders 050-057, dated 19 February 2003, ordering the 58th Maintenance Company on temporary change of station in support of Operation Enduring Freedom, beginning on or about 3 March 2003.  Attached to the orders is a by-name listing and NATO Travel Order authorizing travel on 3 March 2003 and return on 3 September 2003.  The by-name listing includes his name.

	b.  A Post-Deployment Health Assessment, dated 9 July 2003, wherein he indicated he served in Kuwait and Iraq from 3 March 2003 to 13 June 2003.  

5.  During the processing of this case, a staff member of the Board contacted the applicant by email to clarify his deployment to Kuwait and Iraq as indicated on his Post-Deployment Health Assessment.  The applicant indicated he was "a mechanic and made many missions inside of the Iraqi border to recover damaged and destroyed vehicles."

6.  The Defense Finance and Accounting Service confirmed the applicant received HF/IDP and CZTE from 10 March 2003 to 15 June 2003 for service in Kuwait.

7.  Army Regulation 600-8-22 (Military Awards) states 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 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.  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 one of the following criteria including:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.  Kuwait is an authorized AOE.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13, enter all awards, decorations, and badges
* block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)"

9.  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's pay records show he received HF/IDP for service in Kuwait from 10 March 2003 to 15 June 2003, a period of 3 months and 6 days.  This period of foreign/combat service is consistent with the period shown on his TCS orders and his Post-Deployment Health Assessment.   Therefore, he is entitled to correction of his DD Form 214 to show this foreign/combat service on his
DD Form 214.  

2.  This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to show this award.

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

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 12f of his DD Form 214 the current entry and replacing it with the entry "0000  03  06"
* adding to item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal
* adding to item 18 of his DD Form 214 the entry "Service in Kuwait from 20030310 - 20030615"







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)                                         AR20130000955



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ABCMR Record of Proceedings (cont)                                         AR20130000955



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