BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130017729 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* his service in Iraq
* award of the Combat Action Badge (CAB), Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), Global War on Terrorism Expeditionary Medal (GWOTEM), Iraq Campaign Medal (ICM), and Parachutist Badge

2.  He states he was in a combat zone for over 324 days.  His DD Form 214 does not show his foreign service in Mosul, Iraq and certain medals are missing.  He is trying to get help for post-traumatic stress disorder.  A clinic checked his records and noticed the errors on his DD Form 214.

3.  He provides:

* DD Form 214
* Page 1 of a DD Form 2796 (Post-Deployment Health Assessment)
* memorandum for record (MFR), dated 6 June 2005, subject:  Total Deployment Time Accrued
* Airborne Course Diploma
* AAM Certificate
* ARCOM Certificate



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.  Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that an applicant has not exhausted all available administrative remedies.  Requests for retroactive award of the CAB must be directed to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  There is no evidence that the applicant submitted a request for award of the CAB to that command.  Therefore, the portion of his request pertaining to the CAB will not be addressed further in this Record of Proceedings.

3.  On 16 July 2002, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty (MOS) 21B (Combat Engineer).

4.  His Official Military Personnel File (OMPF) contains an AAM Certificate showing 37th Engineer Battalion (Combat) (Airborne) Permanent Order 034-05, dated 3 February 2005, awarded him the AAM for meritorious service with the 37th Engineer Battalion (Combat) (Airborne) during the period 23 December 2002 to 14 July 2005.

5.  On 15 July 2005, he was honorably released from active duty.  His DD Form 214 shows in:

* item 11 (Primary Specialty) – MOS code (MOSC) 21B1P
* item 12f (Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

* item 18 (Remarks) – no entry indicating a deployment during his active duty service

6.  His OMPF is void of documentation showing he served in Iraq.

7.  Department of the Army General Orders Number 15, dated 2009, awarded the Meritorious Unit Commendation (MUC) to the 37th Engineer Battalion for the period 19 March to 11 October 2003.

8.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account (MMPA).  His MMPA shows he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 3 April 2003 through 11 March 2004 (11 months and 9 days).

9.  He provided:

	a.  page 1 of a DD Form 2796, dated 27 February 2004, in which he indicated:

* the areas to which he was mainly deployed were Camp New Jersey, Kuwait, on 3 April 2003, and Mosul, Iraq, on 6 April 2003
* he departed the combat theater on 2 March 2004

	b.  an MFR, dated 6 June 2005, subject:  Total Deployment Time Accrued, showing he had been deployed from 1 April 2003 to 3 March 2004 while assigned to the 37th Engineer Battalion (Combat) (Airborne);

	c.  an Airborne Course Diploma showing he completed the Airborne Course at Fort Benning, GA, on 22 November 2002; and

	d.  an ARCOM Certificate showing Headquarters, 101st Airborne Division (Air Assault), Permanent Order Number 288-047D, dated 15 October 2003, awarded him the ARCOM for meritorious service during combat operations with the 101st Airborne Division (Air Assault) in Iraq while assigned to Company A, 37th Engineer Battalion (Combat) (Airborne), during the period 2 April to 16 August 2003.

10.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) states the fifth character of the basic 
five-character MOSC is the special qualification identifier (SQI).  The SQI "P" denotes a qualified parachutist.

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

	a.  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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait and Iraq.

	b.  The ICM is awarded to members of the Armed Forces of the United States who served in direct support of Operation Iraqi Freedom.  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-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	c.  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.

	d.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or participated in at least one combat parachute jump.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and specified:

	a.  for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Enlisted/Officer Record Brief; and

	b.  for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The available records show various dates for his arrival in and departure from the combat theater; however, it appears that his MMPA provides the most accurate account of the period of his deployed service.  Although his MMPA indicates he received HFP/IDP and CZTE for service in Kuwait, the MMPA generally shows only the point of entry into areas eligible for special pay.  He has provided records confirming he served in both Kuwait and Iraq.  It would be appropriate to correct item 12f of his DD Form 214 to show 11 months and 9 days of foreign service and to add an entry in item 18 reflecting his deployment to Kuwait/Iraq.

2.  Permanent orders awarded him the ARCOM and AAM.  He is entitled to correction of his DD Form 214 to show these awards.

3.  He requested award of both the ICM and the GWOTEM and the available records indicate he spent nearly all of his deployment in Iraq.

	a.  Based on his service in Iraq during two campaigns, it would be appropriate to correct his DD Form 214 to show award of the ICM with two bronze service stars.

	b.  He cannot receive the GWOTEM and the ICM for the same period of service and there is no evidence indicating he is eligible for the GWOTEM based on service outside of Iraq.  Therefore, there is no basis for correcting his DD Form 214 to show award of the GWOTEM.

4.  His records show he was a qualified parachutist, and he provided a diploma confirming that he completed the Airborne Course.  He is entitled to correction of his DD Form 214 to show award of the Parachutist Badge.

5.  He was deployed with the 37th Engineer Battalion during a period for which the unit was awarded the MUC.  He is entitled to correction of his DD Form 214 to show this unit award.

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 amending his DD Form 214 as follows:

	a.  deleting the current entry from item 12f;

	b.  adding the entry "0000  11  09" to item 12f;

	c.  adding the following awards to item 13:

* ARCOM
* AAM
* ICM with two bronze service stars
* MUC
* Parachutist Badge

	d.  adding the statement "SERVICE IN KUWAIT/IRAQ FROM 20030403-20040311" to item 18.



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 the GWOTEM.



      __________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)                                         AR20130017729



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ABCMR Record of Proceedings (cont)                                         AR20130017729



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