IN THE CASE OF:	  

		BOARD DATE:  5 February 2014

		DOCKET NUMBER:  AR20130005518 


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 he was awarded:

* Five Army Achievement Medals
* One Army Commendation Medal with "V" Device
* Armed Forces Expeditionary Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* "Army Meritorious Unit" (interpreted to mean the Presidential Unit Citation)

2.  The applicant states the above awards were omitted from his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214 (Member Copy 4)
* DA Forms 4980-18 (Certificate for the Army Achievement Medal), dated 
4 January 2001, 12 March 2001, 24 April 2001, and 19 June 2001
* DA Form 638 (Recommendation for Award), dated 26 February 2001
* DA Form 638, dated 9 April 2001
* DA Form 638, dated 18 June 2001
* DA Form 638, dated 26 April 2003, for the Army Commendation Medal with "V" Device and citation
* DA Form 638, dated 7 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 3 January 2000, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 19D (Cavalry Scout).  He was subsequently assigned for duty with the 2nd Battalion, 69th Armor Regiment, located at Fort Benning, GA.

3.  DA Forms 4980-18 provided by the applicant shows 2nd Battalion, 69th Armor Regiment awarded him the Army Achievement Medal in:

   a.  Permanent Orders Number 01-02, dated 4 January "2001" for meritorious achievement for the period 27 November to 12 December 2001.

   b.  Permanent Orders Number 071-02, dated 12 March 2001, for meritorious achievement for the period 1 to 13 February 2001.

   c.  Permanent Orders Number 114-30, dated 24 April 2001, for meritorious achievement for the period 8 March to 6 April 2001.

   d.  Permanent Orders Number 171-50, dated 19 June 2001, for meritorious achievement for the period 29 May to 29 June 2001.

4.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hazardous fire pay/imminent danger pay and combat zone tax exclusion for service in:

* Kuwait from 29 March to 21 September 2002 (5 months, 23 days)
* Kuwait from 9 January 2003 to 14 July 2003  (6 months,   6 days)
                                                                         Total: 11 months, 29 days

5.  A DA Form 638, dated 20 April 2003, shows that Permanent Orders Number 116-154, 3rd Brigade, 3rd Infantry Division, dated 26 April 2003, announced award of the Army Commendation Medal with "V" Device to the applicant for valor and heroism in connection with military operations against a hostile force in Iraq.

6.  A DA Form 4980-18, provided by the applicant, dated 1 January 2004, indicates Permanent Orders Number 294-03, 2nd Battalion, 69th Armor Regiment, announced award of the Army Achievement Medal for his meritorious service during the period 5 June 2000 to 2 January 2004.

7.  On 2 January 2004, the applicant was honorably released from active duty.  He had attained the rank of specialist, pay grade E-4 and completed 4 years of creditable active service.  His DD Form 214 shows:

	a.  in Item 12f (Foreign Service):  no overseas service indicated;

	b.  his awards as the National Defense Service Medal, Army Lapel Button, and Army Service Ribbon; and

	c.  Item 18 (Remarks) no entry for the dates of his two deployments.

8.  General Orders Number 2010-22, Department of the Army, dated 
24 November 2010, announced award of the Presidential Unit Citation for the 2nd Battalion, 69th Armor Regiment for the period 19 March to 1 May 2003.

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

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have 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 Iraq Campaign Medal.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 
30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

	b.  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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility that included Kuwait and Iraq.
	c.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

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

	d.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq was considered an isolated area 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 months continuous in Iraq or Afghanistan get credit for a completed short tour.

	e.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Each 3 years completed on or after 27 August 1940 of continuous enlisted active Federal military service qualifies for award.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides for an entry in block 12f of the total amount of foreign service completed during the current period of active duty.  It further provides that Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded:

* Five Army Achievement Medals
* One Army Commendation Medal with "V" Device
* Armed Forces Expeditionary Medal
* Iraq Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Presidential Unit Citation

2.  Orders show that the applicant was awarded the Army Commendation Medal with "V" Device for valor and heroism in Iraq.  Therefore, this medal should be added to his DD Form 214.

3.  Orders show the applicant was awarded five Army Achievement Medals, four of which were for meritorious achievement and one was for meritorious service.  Accordingly, these medals should be shown on his DD Form 214.

4.  The available evidence shows the applicant served during a qualifying period for award of both the Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal.  Accordingly, both of these medals should be added to his DD Form 214.

5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist and receiving multiple personal decorations for meritorious achievement, service, and valor.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal for the period from 3 January 2000 to 2 January 2003.

6.  General orders show the applicant's unit was awarded the Presidential Unit Citation.  Therefore, this award should be added to his DD Form 214.

7.  The available evidence shows the applicant served a qualifying period for award of the Iraq Campaign Medal with two bronze service stars.  Therefore, this medal should be shown on his DD Form 214.

8.  The available evidence shows the applicant served in Kuwait for almost 
6 months.  He later served in Kuwait/Iraq for slightly over 6 months, but there is no record showing how much time in either location.  Because Kuwait is not a qualifying location for award of the Overseas Service Ribbon based on deployment, this portion of his request should be denied.

9.  There is no available evidence showing the applicant served during a qualifying period for award of the Armed Forces Expeditionary Medal.  He has not offered any explanation or provided any documentary evidence (such as what, if any, operation he was supporting in Kuwait in 2002) to support why he believes he is authorized this ribbon.  Therefore, this portion of his request should be denied.



10.  The available evidence shows that the applicant served in Kuwait from 
29 March to 21 September 2002 and in Kuwait/Iraq from 9 January to 14 July 2003.  Accordingly, Item 12f of his DD Form 214 should show his foreign service as 11 months and 29 days and Item 18 should show the location and period of each deployment.

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.  awarding him the Army Good Conduct Medal for the period 3 January 2000 to 2 January 2003;

	b.  showing in Item 12f of his DD Form 214 his foreign service as 11 months and 29 days;

	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Army Commendation Medal with "V" Device
* Army Achievement Medal (five awards)
* Army Good Conduct Medal
* Presidential Unit Citation
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Iraq Campaign medal with two bronze service stars

	d.  adding in Item 18 of his DD Form 214: "SERVICE IN KUWAIT: 20020329 - 20020921//SERVICE IN KUWAIT/IRAQ: 20030109 - 20030714."

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 award of the Armed Forces Expeditionary Medal and Overseas Service Ribbon.




      _______ _  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)                                         AR20130005518



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ABCMR Record of Proceedings (cont)                                         AR20130005518



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