IN THE CASE OF:	   

		BOARD DATE:	  14 May 2014

		DOCKET NUMBER:  AR20130016243 


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) for the period ending 9 May 2004 by:

	a.  showing two awards of the Valorous Unit Award (VUA),

	b.  showing award of the Iraq Campaign Medal (ICM) with two bronze service stars in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM),

	c.  showing award of the Combat Action Badge (CAB), and

	d.  adding all of his military training shown on his previous DD Form 214 for the period ending 3 August 2002.

2.  The applicant states he served in the Regular Army from 4 August 1998 until his transfer to the Army National Guard on 4 August 2002.  He was assigned to the 855th Military Police Company from 5 August 2002 to 6 February 2003.  At that time he was called to active duty in support of Operation Enduring Freedom and remained on active duty until 11 May 2004.  He served in Iraq in support of Operation Iraqi Freedom from 24 March 2003 to 24 March 2004.  When he obtained copies of orders and documents years later, he came to believe he was authorized these corrections to his DD Form 214.

3.  The applicant provides:

* Exhibit A – DD Form 214 for the period ending 9 May 2004
* Exhibit B – DA Form 638 (Recommendation for Award) and corresponding DA Form 4980-14 (Army Commendation Medal (ARCOM) Certificate) for award of the ARCOM, dated in March 2004
* Exhibit C – DD Form 215 (Correction to DD Form 214) for the period ending 9 May 2004, dated 15 November 2005
* Exhibit D –U.S. Army Human Resources Command (HRC) Permanent Orders 318-24, dated 14 November 2005
* Exhibit E – Department of the Army General Orders (DAGO) Number 3, dated 6 November 2007 (Pages 1, 5-7, and 18)
* Exhibit F – HRC Permanent Orders 050-06, dated 19 February 2008
* Exhibit G – DD Form 214 for the period ending 3 August 2002

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 4 August 1998, the applicant enlisted in the Regular Army and completed training as an infantryman.

3.  The applicant served in Kosovo from 28 May to 21 November 2001 and was awarded the Kosovo Campaign Medal for this service.  He was released from active duty on 3 August 2002.  His DD Form 214 for this period shows his military training consisted of:

* Tube-Launched, Optically-Tracked, Wireless-Guided Weapons Training Course
* Combat Lifesaver Course
* Field Sanitation Team Training
* Unit Armorer Course

4.  On or about 4 August 2002, the applicant was transferred to the Arizona Army National Guard with subsequent assignment to the 855th Military Police Company.  He entered active duty on 7 February 2003.  On or about 24 March 2003, the applicant deployed with his unit to Kuwait/Iraq in support of Operation Iraq Freedom.

5.  A DA Form 638, dated 9 February 2004, shows Permanent Order Number 064-20 awarded the applicant the ARCOM for meritorious service with the 855th Military Police Company in support of Operation Iraqi Freedom during the period 24 March 2003 to 24 March 2004.

6.  Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for the period 24 March 2003 through 11 May 2004 for service in Kuwait.

7.  His DD Form 214 for the period ending 9 May 2004, as previously corrected by a DD Form 215, shows no military training during this period of service.  His awards are shown as the:

* ARCOM
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Kosovo Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* North Atlantic Treaty Organization Medal
* Expert Marksmanship Qualification Badge with Grenade and Rifle (Small Bore) Bars
* Expert Infantryman Badge
* Parachutist Badge
* Combat Action Badge

8.  HRC Permanent Orders 318-24, dated 14 November 2005, awarded him the CAB for service in Iraq with the 855th Military Police Company on 23 September 2003.

9.  DAGO Number 3, dated 6 November 2007, announced award of the VUA to the 855th Military Police Company for the period 15 April to 5 November 2003.

10.  HRC Permanent Orders 050-06, dated 19 February 2008, announced award of the VUA to the 855th Military Police Company for valorous service from 6 November 2003 to 31 March 2004.

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

	a.  The ICM 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 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.  Service members who qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the ICM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ICM in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Specific instructions stated for:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and

	b.  item 14 (Military Education), show formal in-service (full-time attendance) training courses successfully completed during the period of service covered.  List course title, length in weeks, and the month and year of completion.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 9 May 2004 should be corrected by:

* showing two awards of the VUA
* showing award of the ICM with two bronze service stars in lieu of the GWOTEM
* showing award of the CAB
* adding all of his military training shown on his previous DD Form 214 for the period ending 3 August 2002

2.  General and permanent orders clearly show that the applicant's unit was awarded the VUA for two distinct periods of service.  Therefore, two awards of the VUA should be shown on his DD Form 214 for the period ending 9 May 2004.

3.  Records show the applicant was deployed to Iraq during two campaigns prior to establishment of the ICM for which he received the GWOTEM.  He now requests the ICM in lieu of the GWOTEM, which should be approved.  Therefore, his DD Form 214 for the period ending 9 May 2004 should be corrected by removing award of the GWOTEM and adding the ICM with two bronze service stars.

4.  Records show a DD Form 215 has already been issued to correct the applicant's DD Form 214 for the period ending 9 May 2004 by adding award of the CAB.  Therefore, no further action is necessary for this portion of his request.

5.  Army Regulation 635-5, in effect at the time, provided that military training successfully completed during the period covered by the DD Form 214 may be shown on that form.  There are no provisions for showing military training on a DD Form 214 that was completed during an earlier period of service.  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.  deleting award of the GWOTEM from his DD Form 214 for the period ending 9 May 2004 and

	b.  adding award of the ICM with two bronze service stars and VUA (2nd Award) to his DD Form 214 for the period ending 9 May 2004.

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 amending his DD Form 214 for the period ending 9 May 2004 to show his military training from a previous period of service.



      _______ _   _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)                                         AR20130016243



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ABCMR Record of Proceedings (cont)                                         AR20130016243



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