IN THE CASE OF:	  

		BOARD DATE:	  19 December 2013

		DOCKET NUMBER:  AR20130006762 


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 that he served in support of Operation Iraqi Freedom (OIF), authorization of the appropriate service medal, and award of the Purple Heart.

2.  The applicant states he proudly served his country and, in order to prove he is a combat veteran, his service in OIF must be shown on his DD Form 214.  He adds that while serving in Iraq, a rocket-propelled grenade hit the tailgate of the Humvee he was driving.  His commanding officer told everyone in the vehicle they would receive the Purple Heart.  However, he was not awarded the Purple Heart before he was separated from active duty.

3.  The applicant provides a copy of his DD Form 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 27 June 2000 for a period of 3 years.  He was awarded military occupational specialty 13F (Fire Support Specialist).

3.  His DA Form 2-1 (Personnel Qualification Record), item 5 (Oversea Service), shows he served in the Republic of Korea from 27 December 2000 through 28 December 2001.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 November 2003 based on completion of required active service.  He completed 3 years, 5 months, and 4 days of total active service.  It also shows in:

	a.  item 8a (Last Duty Assignment and Major Command):  Company A, 4th Battalion, 64th Armor;

	b.  item 12f (Foreign Service):  "0001 year, 00 months, and 02 days";

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

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button

	d.  item 18 (Remarks) does not show the applicant deployed to Kuwait/Iraq or the period of any such deployment.

5.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) from 24 November 2002 through 10 August 2003 for Kuwait.

6.  A review of the applicant's military personnel records failed to reveal any evidence that he was wounded in action or awarded the Purple Heart.  However, this review revealed he may be entitled to additional awards that are not shown on his DD Form 214.

7.  Headquarters, 1st Battalion, 15th Field Artillery, Permanent Order Number 302-04, dated 29 October 2001, and Permanent Order Number 311-22, dated 7 November 2001, awarded the applicant the Driver and Mechanic Badge with Driver-T Bar.

8.  A DA Form 4980-18 (Army Achievement Medal Certificate) shows Permanent Order Number 334-13, dated 30 November 2001, issued by the Commander, 1st Battalion, 15th Field Artillery, awarded the applicant the Army Achievement Medal for meritorious achievement as fire support specialist for Task Force 2-72 Armor from December 2000 to December 2001.

9.  A review of the unit history for the 4th Battalion, 64th Armor, on the Fort Stewart (www.stewart.army.mil) website shows that after 11 September 2001, 4th Battalion, 64th Armor was hours away from deploying Soldiers and tanks to support missions in Afghanistan.  The Battalion's role in the War on Terrorism came in the next year, when the battalion deployed with 2nd Brigade, 3rd Infantry Division to Kuwait.  After 5 months of preparation and training, tanks from Company B, 4th Battalion, 64th Armor, were the first in the division to cross the border into Iraq.  For the next 3 weeks of OIF, the Tuskers fought 750 kilometers north through Iraq towards Baghdad.  The battalion single-handedly swept through and destroyed the Medina Division of the Iraqi Republican Guard south of Baghdad.  On 7 April 2003, the 4th Battalion, 64th Armor, fought up Highway 8 into Baghdad and seized the Al Sijood Palace, Republican Palace, 14th July Bridge, and other high-profile targets in the heart of Baghdad.  This assault into the city finally forced the regime's collapse.  After 2 months in Baghdad, the 4th Battalion, 64th Armor, moved its operations to Habbaniya, Iraq, west of Baghdad between Fallujah and al Ramadi.  There, the battalion successfully stabilized one of the most dangerous and unsettled regions of the country.  The 4th Battalion, 64th Armor, was reassigned to the 4th Brigade Combat Team, 3rd Infantry Division, in 2004 upon the creation of that new unit.

10.  Headquarters, Department of the Army, General Orders Number 2010-22, dated 24 November 2010, awarded Headquarters and Headquarters Company, 3rd Infantry Division, and assigned or attached units, including the 4th Battalion, 64th Armor, the Presidential Unit Citation for extraordinary heroism in action against an armed enemy from 19 March 2003 to 1 May 2003.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) 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 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

		(1)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in support of Operation Enduring Freedom and OIF in specific designated geographic AOEs, which included Kuwait and Iraq.

	b.  The Iraq Campaign Medal (ICM) is authorized for award to members of the Armed Forces of the United States who served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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 ICM period of eligibility is on or after 19 March 2003 to 31 December 2011 (the cessation of OIF).

		(1)  A bronze service star is authorized with this service medal for each Iraq campaign a member is credited with participating in.  During the applicant's period of service in Iraq, he participated in the:

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

		(2)  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.

	c.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in GWOT operations outside of the AOE designated for award of the GWOTEM, Iraq Campaign Medal, or Afghanistan Campaign Medal.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	e.  Paragraph 2-8 (Purple Heart) provides that any member (or former member) of the Army who believes they are eligible for the Purple Heart, but through unusual circumstances no award was made, may submit a request to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Drive, Fort Knox, KY  40122.  The request will include documentation pertaining to the wound and inflicting force, including:

* Deployment orders
* Enlisted Record Brief
* One-page narrative describing the qualifying incident and the conditions under which the Service member was injured or wounded
* Notarized statements from at least two individuals other than the proposed recipient who were personally present, observed the incident, and have direct knowledge of the event; alternatively, other official documentation may be used to corroborate the narrative
* Casualty Report
* Standard Form (SF) 600 (Chronological Record of Medical Care)
* DD Form 214

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f:  enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period);

	b.  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	c.  item 18:  For an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

13.  Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, provides that the Board will not consider a request if it determines the applicant has not exhausted all available administrative remedies.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in support of OIF, the appropriate service medals, and award of the Purple Heart.

2.  There is no evidence that shows the applicant was awarded the Purple Heart.  The evidence of record shows that former members of the Army should submit a request for award of the Purple Heart to the Commander, U.S. Army Human Resources Command.  There is no evidence the applicant has exhausted this administrative remedy.  Therefore, the applicant's request for award of the Purple Heart will not be discussed further in this Record of Proceedings.

3.  The evidence of record shows the applicant was authorized HFP/IDP for service in Kuwait/Iraq from 24 November 2002 through 10 August 2003.

	a.  A calculation of this period of overseas service shows the following:

	2003  08  10	date of redeployment
	- 2002  11  24	date of deployment to Kuwait
	=     00  08  16
	+                   1	day inclusive
	=     00  08  17	total foreign service in Kuwait/Iraq

	b.  Records also show the applicant served in Korea for 1 year and 2 days from 27 December 2000 through 28 December 2001.

	c.  A calculation of the total amount of  overseas service shows the following:

	01  00  02	service in Korea
	+ 00  08  17	service in Kuwait/Iraq
	= 01  08  19	total foreign service

	d.  Item 12f and item 18 of the applicant's DD Form 214 do not show all of his foreign service.  Therefore, it would be appropriate to correct his DD Form 214 to show he served in Kuwait/Iraq and all of his foreign service.

4.  The evidence of record shows the applicant qualified for award of the GWOTEM for his service in support of GWOT operations in Kuwait from 24 November 2002 to 18 March 2003.  The evidence also shows he qualified for award of the ICM based on his service in Iraq from 19 March to 10 August 2003.

	a.  This service qualifies him for award of both the GWOTEM and ICM.

	b.  Records also show the applicant served in Iraq during two campaigns.

	c.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the GWOTEM and the ICM with two bronze service stars.

5.  General orders awarded the applicant's unit the Presidential Unit Citation.

6.  Permanent orders awarded the applicant the:

* Army Achievement Medal
* Driver and Mechanic Badge with Driver-T Bar

7.  Records show the applicant entered active duty on 25 June 2000 and he deployed overseas to Korea on 27 December 2000.  Thus, records show he qualified for award of the GWOTSM for his service in GWOT operations outside of the AOE designated for award of the GWOTEM.

8.  The evidence of record shows the applicant's service in Korea qualified him for award of the Korea Defense Service Medal.

9.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards, as recommended below.

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 entry "0001  00  02" from item 12f of his DD Form 214 and adding the entry "0001  08  19,"

	b.  adding the following awards to item 13 of his DD Form 214:

* Presidential Unit Citation
* Army Achievement Medal
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Driver and Mechanic Badge with Driver-T Bar

	c.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20021124-20030810" 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)                                         AR20130006762



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ABCMR Record of Proceedings (cont)                                         AR20130006762



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