IN THE CASE OF:	   

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130003547 


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:

* the Combat Action Badge (CAB) and two awards of the Army Commendation Medal (ARCOM)
* his overseas service

2.  The applicant states he is not sure why the above awards were not entered on his DD Form 214.  He adds that his final outprocessing was done quickly and he was not available to sign the DD Form 214.  

3.  The applicant provides orders for the CAB and 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.  The applicant enlisted in the Regular Army on 23 August 2001.  He was awarded military occupational specialty 25U (Signal Support Systems Specialist) upon completion of initial entry training.  

3.  Permanent Orders Number 115-19, 3rd Infantry Division, dated 25 April 2003, awarded him the Driver and Mechanic Badge with Driver-W Bar for service during the period 4 March 2002 to 25 April 2003.  

4.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Iraq during the periods 20 March - 30 June 2003 (3 months and 11 days) and 
15 January - 31 December 2005 (11 months and 16 days).

5.  An ARCOM Certificate shows he was awarded the ARCOM by Headquarters, 3rd Infantry Division Support Command Permanent Orders Number 112-04, dated 22 April 2003, for service in support of Operation Iraqi Freedom (OIF) during the period 20 March - 30 June 2003.  

6.  Headquarters, 3rd Infantry Division Permanent Orders Number 330-08, dated 26 November 2005, awarded him the CAB for actions on 26 March 2003.  

7.  A second ARCOM Certificate shows he was awarded the ARCOM (2nd Award) by Headquarters, 3rd Infantry Division Support Brigade Permanent Orders Number 294-21, dated 21 October 2005, for service in support of OIF during the period 15 January - 31 December 2005.  

8.  He was honorably released from active duty on 30 April 2006.  His DD Form 214 shows in:

	a.  block 12f (Foreign Service) the entry 0000  00  00," indicating no foreign service;

	b.  block 13 (Decoration, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
	c.  block 18 (Remarks) does not show any deployment data.

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  A bronze service star is authorized for wear with the Iraq Campaign 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)

	b.  The Overseas Service Ribbon 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 award of the Overseas Service Ribbon for successful completion of overseas tours.

10.  According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provides standardized policy for preparation of the DD Form 214.  It states for:

	a.  block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and

	c.  block 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.  The applicant's contention that his DD Form 214 should be corrected to show the CAB, two awards of the ARCOM, and his overseas service has been carefully considered.  

2.  The evidence confirms he was awarded the CAB and two awards of the ARCOM during his period of active service.  Therefore, his DD Form 214 should be corrected to show these awards.  

3.  The evidence also shows he was awarded the Driver and Mechanic Badge with Driver-W Bar.  This badge should be added to his DD Form 214.  

4.  He was awarded the Iraq Campaign Medal for his second tour of duty in Iraq; however, he participated in two campaigns during his second tour in Iraq.  Therefore, he is authorized two bronze service stars for wear on the Iraq Campaign Medal and correction of his DD Form 214 to reflect these bronze service stars.  

5.  Based on his second tour of duty in Iraq he is authorized the Overseas Service Ribbon and correction of his DD Form 214 to show this award.  Additionally, his DD Form 214 should be corrected to reflect the total amount of foreign service performed (1 year, 2 months, and 27 days) in block 12f and to document his deployments to Iraq in block 18.

BOARD VOTE:

___x____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.  deleting the Iraq Campaign Medal from block 13 of his DD Form 214;

	b.  deleting from block 12f of his DD Form 214 the current entry and replacing it with the entry "0001  02  27";

	c.  adding to block 13 of his DD Form 214 the:

* Army Commendation Medal (2nd Award)
* Iraq Campaign Medal with two bronze service stars
* Combat Action Badge
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar

	d.  adding the entry "SERVICE IN IRAQ FROM 20030320-20030630" and "20050115-20051231" to block 18 of 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)                                         AR20130003547



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ABCMR Record of Proceedings (cont)                                         AR20130003547



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