IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130006059 


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
* award of the Valorous Unit Award
* any other awards to which he may be entitled

2.  The applicant states he has orders showing he was in Iraq during the period 31 October 2008 to 9 February 2009.

3.  The applicant provides:

* DD Form 214
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* Orders 297-384
* Permanent Orders 117-04

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 5 May 2008, the applicant enlisted in Regular Army.

3.  He submitted:

	a.  Headquarters, Joint Readiness Training Center and Fort Polk, 
Orders 297-384, dated 23 October 2008, show he was ordered to deploy in support of Operation Iraqi Freedom on or about 31 October 2008 for a period of 121 days.  He was assigned to 2d Battalion, 30th Infantry Regiment.

	b.  An unreconciled DD Form 1351-2, dated 24 April 2009, shows he submitted a travel voucher indicating he departed Fort Polk, LA, on 31 October 2008 followed by temporary duty in Baghdad, Iraq, during the period 5 November to 31 December 2008 and returned to Fort Polk, LA, on 2 January 2009.

	c.  U.S. Army Human Resources Command, Permanent Orders 117-04, dated 27 April 2009, show the 2d Battalion, 30th Infantry Regiment, was awarded the Valorous Unit Award for extraordinary heroism in action against an armed enemy while in support of Operation Iraqi Freedom during the period 29 December 2007 to 5 January 2009.

4.  On 23 October 2009, he retired due to reason of permanent disability.  He completed after completing 1 year, 5 months, and 19 days of active service.  Neither item 12f (Foreign Service) nor item 18 (Remarks) of his DD Form 214 shows any foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Valorous Unit Award.

5.  The applicant's Master Military Pay Account (MMPA) shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 2 November 2008 through 1 January 2009 (2 months).

6.  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 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 Army Good Conduct Medal, disqualification must be justified.

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. 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 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. 
His records show he participated in the following campaigns:

* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparation of the DD Form 214.

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

	b.  For an active duty Soldier deployed to a foreign country, enter the following statement in item 18:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit was cited for award of the Valorous Unit Award during his period of assignment in Kuwait/Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  The evidence of record shows the applicant served a qualifying period for award of the Army Good Conduct Medal (1st Award) during the period 5 May 2008 to 23 October 2009.  There is no record of any disciplinary action against the applicant and no record of any disqualification by his unit commander during this period of service.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this medal.

3.  The available evidence shows he completed a qualifying period of service for award of the Iraq Campaign Medal and participated in two campaigns.  Therefore, his DD Form 214 should be corrected to show award of the Iraq Campaign Medal with two bronze service stars.

4.  The applicant's MMPA shows he served in Kuwait during the period 2 November 2008 to 1 January 2009.  The evidence of record also shows his unit was awarded the Valorous Unit Award for extraordinary heroism in action in and around the area of Baghdad, Iraq.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed 2 months of foreign service and item 18 of his DD Form 214 should be corrected to show the statement:  "SERVICE IN KUWAIT/IRAQ FROM 20081102-20090101."

BOARD VOTE:

____X___  ____X___  ___X_  GRANT FULL RELIEF 

________  ________  ______  GRANT PARTIAL RELIEF 

________  ________  ______  GRANT FORMAL HEARING

________  ________  ______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 5 May 2008 to 23 October 2009;

	b.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  02  00"; and

	c.  adding award of the Valorous Unit Award, Army Good Conduct Medal (1st Award), and Iraq Campaign Medal with two bronze service stars to item 13 of his DD Form 214; and


	d.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20081102-20090101" to item 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)                                         AR20130006059



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ABCMR Record of Proceedings (cont)                                         AR20130006059



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