BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130011512 


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 engaged by the enemy during an Improvised Explosive Device (IED) ambush near Camp Victory as documented on his Army Commendation Medal citation and to add:

* the Combat Action Badge (CAB)
* the Iraq Campaign Medal
* his deployment to Iraq

2.  The applicant states he was discharged before the campaign ribbon and the CAB were established.  He wants his service record to reflect his contribution to Operation Iraqi Freedom (OIF) and to receive the rights and privileges associated with his foreign service. 

3.  The applicant provides:

* DD Form 214, effective 7 March 2003
* DD Form 215 (Correction to DD Form 214), dated 19 March 2004
* Memorandum, dated 22 September 2004
* Army Commendation Medal Certificate and orders

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 requests award of the CAB.  There is no evidence showing the applicant has exhausted his administrative relief for award of the CAB.  The Commander, U.S. Army Human Resources Command (HRC) is the approval authority for requests for award of the CAB that are submitted outside the 90-day redeployment window.  The applicant must first submit his request for the award of the CAB to HRC, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.  There is no evidence that the applicant has previously submitted a request for the award of the CAB to HRC.  Therefore, this portion of the applicant's request will not be discussed further in these proceedings.

3.  The applicant enlisted in the U.S. Army Reserve on 8 September 1999.  He was awarded military occupational specialty 37F (Psychological Operations Specialist) upon completion of initial entry training.  He was ordered to active duty on 7 March 2003 in support of Operation Enduring Freedom.

4.  He was awarded the ARCOM by Headquarters, V Corps Permanent Orders Number 167-143, dated 16 June 2003, for service in support of OIF during the period 20 March - 30 June 2003.

5.  He provides memorandum, dated 22 September 2004, written by his former company commander, which states the applicant was medically evacuated from Iraq while serving with the 346th Tactical Psychological Operations Company in Iraq due to an asthmatic condition.

6.  He was honorably released from active duty on 23 December 2003.  His DD Form 214 shows in:

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

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

* National Defense Service Medal
* Armed Forces Reserve Medal and Mobilization
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Parachutist Badge

	c.  item 18 (Remarks) does not show any deployment data.

7.  On 19 March 2004, his DD Form 214 ending 23 December 2003 was corrected to show in item:

* 4a (Grade, Rate, or Rank) - SGT
* 4b (Pay Grade) - E5
* 12h (Effective Date of Pay Grade) - 2003  06  01
* 18 - add the entry "Service in Kuwait from 20030415 to 20030719//NOTHING FOLLOWS"

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

	a.  The ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The AOE 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 ICM 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 include:

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

	b.  The Global War on Terrorism Service Medal (GWOTSM) 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 AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.  

9.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214 and states for item 12f enter the total amount of foreign service completed during the Soldiers continuous period of active service; and

10.  There are no provisions in Army Regulation 635-5 to reference an individual's engagement with an enemy force on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant's request for correction of his DD Form 214 to show the ICM and his foreign service in Iraq.

2.  His DD Form 214 indicates he served in Kuwait from 15 April 2003 to 19 July 2003; however, he was awarded the ARCOM for his service in Iraq from 15 April to 15 June 2003.  It can be presumed that during this period he would likely have been processed into the theater of operations through Kuwait.  His ARCOM is accepted as sufficient evidence with which to amend item 12f and item 18 of his DD Form 214 to show he served in Kuwait/Iraq for 3 months and 5 days.

3.  Based on his service in Iraq and his participation in two campaigns, he is entitled to the ICM with two bronze service stars and correction of his DD Form 214 to show this award.

4.  Based on his active duty service after 11 September 2001, he is entitled to the GWOTSM and correction of his DD Form 214 to show this award.  

5.  There are no regulatory provisions to list enemy engagements on the DD Form 214; therefore, this portion of his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  amending his DD Form 214 for the period ending 23 December 2003 by adding in:

* item 12f "0000  03  05"
* item 13 the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal
* item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030415 T0 20030719"

2.  The Board further determined 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 listing his engagement of an enemy force on 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)                                         AR20130011512





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ABCMR Record of Proceedings (cont)                                         AR20130011512



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