IN THE CASE OF: 

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130016018 


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 in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons, Awarded or Authorized) award of the:

*	Army Achievement Medal (AAM)
* Army Commendation Medal (ARCOM)
*	Combat Action Badge (CAB)

2.  The applicant states he separated from the Army prior to the awards being added to his DD Form 214.

3.  The applicant provides his:

* AAM Certificate
* ARCOM Certificate with allied DA Form 638 (Recommendation for Award)
* DA Form 4187 (Personnel Action), Request for the CAB

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.  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.  Although the applicant provided a DA Form 4187 showing that his commander approved his award of the CAB his record is void of orders awarding him the CAB or endorsement from the National Guard Bureau.

3.  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 along with his unit assignment orders, Enlisted Record Brief, chain of command endorsement, one-page narrative description of the qualifying incident, certified copy of your DD Form 214 and other supporting documents.  Therefore, this portion of the applicant's request will not be discussed further in these proceedings.

4.  After having had prior service, he enlisted in the Nevada Army National Guard (NVARNG) on 11 September 2002 and served in military occupational specialty 95B (Military Police (MP)).  On 10 February 2003, he was ordered to active duty in support of Operation Enduring Freedom (OEF)/Operation Iraqi Freedom (OIF).  

5.  On 4 January 2004, the applicant was honorably released from active duty.

6.  His DD Form 214 shows award of the:

*	National Defense Service Medal (2nd Award)
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Good Conduct Medal

7.  Item 18 (Remarks) does not show his dates of service in Iraq.



8.  The applicant provides:

	a.  his AAM Certificate awarded to him for exceptional meritorious service as a cavalry scout while assigned to Iron Troop, 3rd Squadron, 2nd Armored Cavalry Regiment, for the period 24 January 1999 to 20 September 2002, by Permanent Orders Number 266-01, dated 23 September 2002; and 

	b.  his ARCOM Certificate awarded to him for meritorious achievements during OIF while assigned to the 72nd Military Police Company, for the period 
10 February to 1 October 2003, by Permanent Orders Number 328-016 for meritorious accomplishment during OIF.  His award recommendation includes achievements for:

* volunteering on numerous times while off duty to provide technical and tactical assistance when Camp Vigilant, Iraq came under fire
* responding with the Quick Reaction Force to detonate explosive device by enemy forces at Checkpoint "A," Camp Vigilant, Iraq
* his professionalism and dedication while under fire contributed to the unit's mission of establishing and overseeing the Al Sayila Jail and the Abu Ghurayb Prison

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:

	a.  for item 12f enter the total amount of foreign service completed during the Soldiers continuous period of active service; and

	b.  item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements:

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (operation name) PER U.S. CODE (applicable section)";

		(2)  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"; and

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility 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.  

	b.  The ICM is awarded to members who have served in direct support of 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.  His records show he participated in the Liberation of Iraq 
and the Transition of Iraq campaigns.

	c.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the U.S. 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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the AAM and ARCOM.  In addition, he served a qualifying period for award of the GWOTSM.  These awards should be added to his DD Form 214.

2.  His ARCOM award recommendation lists several accomplishments that confirm his service in Iraq during the period 10 February to 1 October 2003.  However, during this period he would likely have been processed into the theater of operations through Kuwait which would entitle him the GWOTEM for the period 10 February to 18 March 2003.  It would be appropriate to add this award to his DD Form 214.


3.  He was awarded the Army Commendation Medal for his service in Iraq from which included two campaigns.  As such he is entitled to the ICM with two bronze service stars and correction of his DD Form 214 to show this period of deployed service.

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 partial recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to item 13 of his DD Form 214 the Army Achievement Medal, Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal; and

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/IRAQ FROM 20030210 - 20031001."

      
      
      
      
      __________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)                                         AR20130016018





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130016018



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1