IN THE CASE OF:	  

		BOARD DATE:  12 March 2014

		DOCKET NUMBER:  AR20130011594 


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:

* Combat Infantryman Badge
* two awards of the Army Commendation Medal
* two awards of the Army Achievement Medal

2.  The applicant states his DD Form 214 does not mention the requested awards.  

3.  The applicant provides:

* DD Form 214
* Permanent Orders (PO) 187-25 (Combat Infantryman Badge)
* DA Form 638 (Recommendation for Award) showing award of the Army Commendation Medal (no PO)
* DA Form 638 showing award of the Army Achievement Medal (PO Number 108-11)
* DA Form 638 and certificate showing award of the Army Commendation Medal (PO Number 201-03)
* Certificate showing award of the Army Achievement Medal (PO Number 108-11)
* Certificate showing award of the Army Achievement Medal (PO Number 339-01)

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's records show he enlisted in the Regular Army on 7 April 2000 and he held military occupational specialty 11B (Infantryman). 

3.  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 31 October 2003.  He completed 3 years, 6 months, and 24 days of creditable active service with no lost time and he was fully eligible to reenlist.  His DD Form 214 shows in:

* Item 12f (Foreign Service) - the entry "0000-00-00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Lapel Button, National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon
* Item 18 (Remarks) no service in a hostile file/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE)

4.  The Defense Finance and Accounting Service, Indianapolis, IN, confirmed by email, dated 11 February 2014, the applicant received HF/IDP and CZTE from 6 April 2003 to 23 July 2003 for service in Kuwait.

5.  The applicant provides:

	a.  PO Number 187-25, issued by Headquarters, 4th Infantry Division (Mechanized) on 6 July 2003, awarding him the Combat Infantryman Badge for participation in combat operations, from 25 April to 16 June 2003, under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom (OIF). 

	b.  DA Form 638, undated and not assigned a PO, signed by the company and battalion commanders, and approved by the brigade commander, 3rd Brigade Combat Team, Fort Carson, CO.  He was awarded the Army Commendation Medal for meritorious service with the 1st Battalion, 8th Infantry, from 3 April 2003 to 31 July 2003, during OIF.  

	c.  DA Form 638, dated 13 May 2003, and a certificate, confirming award of the Army Commendation Medal, for meritorious service with the 1st Battalion, 8th Infantry, Fort Carson, CO from 7 April 2000 to 1 October 2003, by PO Number 201-03, issued by Headquarters, 3rd Brigade Combat Team, Fort Carson, CO. 

	d.  DA Form 638, dated 17 April 2002, and a certificate, confirming award of the Army Achievement Medal, for meritorious achievement with the 1st Battalion, 8th Infantry, Fort Carson, CO from 25 January to 19 April 2002, by PO Number    108-11, issued by Headquarters, 1st Battalion, 8th Infantry, Fort Carson, CO.

	e.  Certificate, confirming award of the Army Achievement Medal, for meritorious service with the 1st Battalion, 8th Infantry, Fort Carson, CO from 7 April 2000 to 6 January 2003, by PO Number 339-01, issued by Headquarters, 1st Battalion, 8th Infantry, Fort Carson, CO.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13, enter all awards, decorations, and badges
* block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)"

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 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.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

8.  His official records contain no derogatory information in the form of lost time, nonjudicial punishment, or a record of court-martial.  Additionally, his record is void of a disqualification memorandum for her first award of the Army Good Conduct Medal.  

9.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to enlisted Soldiers 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.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214.  Therefore, he is entitled correction of his DD Form 214 to show this award. 

2.  The applicant was awarded two awards of the Army Achievement Medal.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

3.  The applicant was awarded two awards of the Army Commendation Medal despite the absence of PO on one of the two awards.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

4.  The applicant's pay records show he received HF/IDP for service in Kuwait and Iraq from 6 April 2003 to 23 July 2003, a period of 3 months and 18 days.    Therefore, he is entitled to correction of his DD Form 214 to show this foreign/combat service.  

5.  This period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in the Liberation of Iraq (19 March 2003-1 May 2003) and the Transition of Iraq (2 May 2003-28 June 2004) campaigns.  Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze service stars and correction of his DD Form 214 to show this award. 

6.  The applicant completed 3 years, 6 months, and 24 days of creditable active service from 7 April 2000 to 31 October 2000.  He attained the rank of SPC/E-4, served in Kuwait/Iraq, and he had no lost time.  His record is void of any derogatory information which would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his records to show this award. 

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:

* deleting from item 12f of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-03-18"
* awarding him the Army Good Conduct Medal (1st  Award) for exemplary behavior, efficiency, and fidelity during the period 7 April 2000 through 6 April 2003
* adding to item 13 the Army Good Conduct Medal (1st Award), Army Commendation Medal (2nd Award), Army Achievement Medal (2nd Award), Combat Infantryman Badge, and Iraq Campaign Medal with two bronze service stars 
* adding to item 18 the additional entry "Service in Kuwait/Iraq 20030406 - 20030723"




      _______ _  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)                                         AR20130011594





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ABCMR Record of Proceedings (cont)                                         AR20130011594



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