BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130003670 


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 service in Iraq in support of Operation Iraqi Freedom (OIF) and award of the appropriate service and campaign medals.  He also requests issuance of a Retirement Certificate and the American Flag based on his retirement.

2.  The applicant states he was medically evacuated from Iraq and left all of his things at the Kuwait Armed Forces Hospital.  He thought the Army would do the right thing because he did not know where or who to go to.

3.  The applicant provides:

* his DD Form 214
* a self-authored DA Form 2823 (Sworn Statement), undated
* Orders 350-05, issued by Brooke Army Medical Center, Fort Sam Houston, TX, dated 16 December 2003
* a Patient Movement Request
* an unprocessed DD Form 1351-2 (Travel Voucher or Subvoucher)
* page 3 of a deployment roster including his name

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 U.S. Army Reserve (USAR) on 20 February 1999 for a period of 8 years and training as a motor transport operator.  He completed his training at Fort Leonard Wood, MO and he was returned to his USAR unit in San Antonio, TX.

3.  On 11 February 2003, he was ordered to active duty in support of OEF and he was promoted to the rank/grade of sergeant (SGT)/E-5 on 31 March 2003.

4.  He deployed to Kuwait/Iraq on 17 April 2003 and he remained until he was evacuated from the Kuwait Armed Forces Hospital to Landstuhl Regional Medical Center, Germany for treatment on 7 August 2003, a period of 3 months and 22 days.  He was subsequently evacuated to the United States and did not return to theater.

5.  On 25 June 2004, he was retired by reason of temporary disability and he was placed on the Temporary Disability Retired List (TDRL) with a 50 percent service-connected disability rating effective 26 June 2004.  The DD Form 214 issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00";

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

	c.  item 18 (Remarks) no deployment entry.


6.  Order 012-12, issued by the U.S. Army Physical Disability Agency, Arlington, VA, dated 12 January 2012, removed the applicant from the TDRL effective
25 December 2004 and permanently retired him with a 70 percent disability rating.

7.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  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 that are applicable to the applicant are:

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

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

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

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

	c.  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)."

9.  Army Regulation 635-5 further provides that the servicing transfer activity is responsible for providing retirees with the necessary certificates upon retirement.  It also provides that a Certificate of Retirement is not issued to personnel who are placed on the TDRL.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq for a period of 3 months and 22 days during the period 17 April 2003 through 7 August 2003.  Therefore, his DD Form 214 should be corrected to show this period of service.

2.  The applicant served during a qualifying period of service in Kuwait/Iraq for entitlement to the Iraq Campaign Medal.  He also served during two campaigns.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award.

3.  The applicant’s contention that he should be awarded a Retirement Certificate and American Flag do not constitute a correction of records; therefore, no action can be taken on those matters.  Inasmuch as the servicing transfer activity is responsible for issuing those items, the applicant is advised to contact his servicing transfer activity or nearest Retirement Services Officer (RSO) and provide a copy of his retirement orders along with his request.

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:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  03  22";

	b.  adding to item 13 of his DD Form 214 the Iraq Campaign Medal with two bronze service stars; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030417-20030807."

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 issuing the applicant a Certificate or Retirement or American Flag based on his permanent retirement.



      __________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)                                         AR20130003670



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