IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130014755 


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.  On behalf of the applicant, his mother as guardian requests correction of the former service member's (FSM) records to show all of his awards and his period of foreign service.

2.  The applicant states the FSM suffered a traumatic brain injury (TBI) that has rendered him 100 percent disabled.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not include any reference to his foreign service.  Additionally, all of his awards are not listed, specifically the Good Conduct Medal, and the Iraq Campaign Medal.

3.  The applicant provides copies of her guardianship appointment, the FSM's DD Form 214, Enlisted Record Brief, Certificate of Retirement, orders for award of the Purple Heart and the Combat Action Badge, a DA Form 638 (Recommendation for Award) for the Army Commendation Medal with approval and orders, a DA Form 4187 (Personnel Action), and 24 January 2011 Physical Evaluation Board (PEB) Proceedings.

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 22 May 2002, the FSM enlisted in the Regular Army, completed training, and was awarded military occupational specialty 19K (M1 Armor Crewman).  He was promoted to sergeant effective 1 December 2004.

3.  The DA Form 4187 provided states that on 5 April 2005 the vehicle the FSM was traveling in was struck by an enemy vehicle.  The FSM sustained a fragment wound to the head and multiple abrasions to the body.  He was treated at the 224th Combat Support Hospital and medically evacuated to Germany.

4.  North Atlantic Regional Medical Command Permanent Orders Number 
101-07, dated 11 April 2005, awarded the FSM the Purple Heart for wounds received on 5 April 2005.  His duty assignment, at the time he was wounded, was listed as Company A, 1st Battalion, 24th Infantry Regiment.  This order superseded a previous Purple Heart award order, dated 8 April 2005.

5.  A 15 August 2005 DA Form 638 shows the FSM was awarded the Army Commendation Medal for his service from 14 October 2004 through 1 October 2005.  The recommendation provides the following - 

* the FSM's previous awards were the Army Achievement Medal with 
3rd Oak Leaf Cluster
* the FSM had engaged or was engaged by enemy forces on at least two occasions (11 November and 21 December 2004)
* had preformed over 200 mounted and dismounted combat patrols.  

6.  North Atlantic Regional Medical Command (Walter Reed Army Medical Center) Permanent Order Number 287-04, dated 14 October 2005, awarded the FSM the Combat Action Badge, for actively engaging or being engaged by the enemy on 5 April 2005. 

7.  The applicant's record contains orders for only the FSM's Purple Heart and Combat Action Badge.  



8.  His ERB shows - 

* assignment to Company A, 1st Battalion, 24th Infantry Regiment, Fort Lewis, Washington, on 21 January 2003
* assignment to 1st Battalion, 24th Infantry Regiment (Rear), Fort Lewis, Washington, on 10 April 2005
* assignment to Walter Reed Army Medical Command on 25 August 2005
* his authorized awards are the Purple Heart, Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Combat Action Badge

9.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

10.  The applicant was medically retired and placed on the Temporary Disability Retired List (TDRL), effective 31 December 2005, in the rank of sergeant/E-5.  

11.  His 31 December 2005 DD Form 214 provides the following - 

* 3 years, 6 months, and 24 days of creditable active service with no lost time 
* in block 12f (Foreign Service) - 0000 00 00 
* his authorized awards as the Purple Heart, Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Combat Action Badge, Global War on Terrorism Expeditionary Medal (GWOTEM), and Global War on Terrorism Service Medal 
* he was separated based on temporary records
* a DD Form 215 (Correction to the DD Form 214) would be issued to provide missing information (no DD Form 215 is of record)

12.  Based on a 24 January 2011 PEB, the FSM was removed from the TDRL and permanently retired effective 16 December 2010.

13.  A review of the applicant's pay records show he received hostile fire/imminent danger pay for service in Iraq from 15 October 2004 through 
24 April 2005.

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

   a.  The Good Conduct Medal is awarded to individuals who distinguish themselves by his 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 active Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  

	b.  The 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 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 fifty 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.  Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Afghanistan and/or Iraq.  Soldiers are only authorized award of the Afghanistan Campaign Medal and the Iraq Campaign Medal after this date.

	c.  The Iraq Campaign Medal is awarded to members who have 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.  Approved campaign during the applicant's period of service in Iraq is the Iraqi Governance, 29 June 2004-15 December 2005.

	d.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

	a.  enter the total amount of foreign service completed during the period covered by the DD Form 214 in block 12f;
	b.  block 18 (Remarks) is for HQDA mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14; and 

	c.  for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in block 18 the following statement; "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The FSM's was separated from active duty based on temporary records and there is no indication a DD Form 215 was prepared to correct omissions to or incomplete information on his DD Form 214.  

2.  In addition to the award citations for the Army Commendation Medal, the DA Form 638 also shows the FSM had been previously awarded the Army Achievement Medal with 3rd Oak Leaf Cluster.  These awards are not listed on his DD Form 214. 

3.  Based on the above information and the fact that the FSM was separated on temporary records, it is reasonable to accept that the FSM had been awarded the Army Achievement Medal with 3rd Oak Leaf Cluster and that it was inadvertently omitted from his DD Form 214.  It would be appropriate to correct the FSM's 
DD Form 214 to show he was awarded the Army Achievement Medal with 3rd Oak Leaf Cluster.

4.  The FSM distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It would be appropriate to award the FSM the Good Conduct Medal for his period of service from 22 May 2002 through 21 May 2005.

5.  The applicant's request for award of the Iraq Campaign Medal constitutes, in effect, a request for an award conversion from the GWOTEM to the Iraq Campaign Medal.  It would be appropriate to honor this request and show that the FSM is authorized award of the Iraq Campaign Medal with one bronze service star in lieu of the GWOTEM.

6.  While the exact dates the FSM served overseas and in-country are not clearly documented, he is shown to have received hostile fire pay for the period of 
15 October 2004 through 24 April 2005, 6 months and 10 days.  It would be appropriate to utilize these dates to correct his DD Form 214 to show his period of foreign service, in block 12f, as "0000 06 10" and include the appropriate comment in block 18. 

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 Global War on Terrorism Expeditionary Medal from the FSM's DD Form 214;

	b.  awarding the FSM the Good Conduct Medal for his period of service from 22 May 2002 through 21 May 2005;

   c.  showing that, in addition to the awards shown on the DD Form 214, the FSM is also authorized the Good Conduct Medal, Army Achievement Medal with 3rd Oak Leaf Cluster, and the Iraq Campaign Medal with one bronze service star;

	d.  adding in block 12f of the DD Form 214, the entry, 0000 06 10; and  

	e.  adding in block 18 of the DD Form 214, the entry "SERVICE IN IRAQ FROM 20041015 - 20050424."



      _______ _   _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)                                         AR20130014755



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ABCMR Record of Proceedings (cont)                                         AR20130014755



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