IN THE CASE OF:
BOARD DATE: 11 June 2014
DOCKET NUMBER: AR20130018467
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 the Army Commendation Medal with "V" Device.
2. The applicant states his DD Form 214 only shows this award as the Army Commendation Medal and not as the Army Commendation Medal with "V" Device. He tried to explain it to the lady at the records department when he out-processed but she gave him a hard time and he got upset and left it alone.
3. The applicant provides a DA Form 638 (Recommendation for Award), orders, and a letter.
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 enlisted in the Regular Army on 16 November 2000 and he held military occupational specialty 31M (Multiple Launch Rocket System Crewmember). He was assigned to the 1st Battalion, 39th Field Artillery, Fort Stewart, GA. He served in Kuwait/Iraq in support of Operation Iraqi Freedom (OIF) from 21 January to 4 June 2003.
3. The applicant provides and his record contains Permanent Order (PO) Number 110-37, dated 20 April 2003, issued by the 3rd Infantry Division Artillery, awarding him the Army Commendation Medal with "V" Device for exceptionally meritorious service during OIF from 20 March to 1 May 2003.
4. He was honorably released from active duty on 20 December 2003 and he was transferred to the U.S. Army Reserve.
5. The DD Form 214 he was issued shows the:
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
6. A DD Form 215 (Correction to DD Form 214) was issued on 27 June 2012 and added the:
* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
7. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal 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. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility. Initial award was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a number of designated specific geographic areas of eligibility, including Kuwait.
8. A review of the U.S. Army Human Resources Command website shows the 1st Battalion, 39th Field Artillery was cited for award of the Presidential Unit Citation for the period 19 March through 1 May 2003 by Department of the Army General Orders (GO) Number 22, dated 2010.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms PO awarded the applicant the Army Commendation Medal with "V' Device while his DD Form 214 only shows it as the Army Commendation Medal. Therefore, he is entitled to correction of his DD Form 214 accordingly.
2. The evidence of record confirms he served in Kuwait/Iraq from 21 January to 4 June 2003. The official start date for OIF was 19 March 2003. He arrived in Kuwait on 21 January 2003 and it is reasonable to presume he remained in Kuwait until at least 19 March 2003 when OIF commenced. This is supported by the Army Commendation Medal with "V" Device he was awarded for the period 20 March to 1 May 2003. As such, he completed over 30 days of service in Kuwait and this period of service qualified him for award of the Global War on Terrorism Expeditionary Medal. Therefore, it would be appropriate to correct his DD Form 214 show this medal.
3. GO awarded his unit the Presidential Unit Citation during a period he was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit 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 amending his DD Form 214 as follows:
* deleting the Army Commendation Medal
* adding the:
* Army Commendation Medal with "V" Device
* Global War on Terrorism Expeditionary Medal
* Presidential Unit Citation
_______ _ _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) AR20130018467
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018467
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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