IN THE CASE OF:	  

		BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140000276 


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 his foreign service and the following awards, training, and certifications:

* pre-scuba certification
* scout swimmer training
* Operation Enduring Freedom/Operation Iraqi Freedom campaign medals

2.  The applicant states his DD Form 214 does not reflect these awards and 
certifications.

3.  The applicant provides no additional evidence.

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 29 July 1999 for a period of 4 years and 17 weeks.  He completed his training and was awarded military occupational specialty 11B (Infantryman).  On 24 November 2003, he was honorably released from active duty.

3.  His DD Form 214 shows in:

* item 12f (Foreign Service) – no foreign service
* item 14 (Military Education) – the 3-week Basic Airborne School in 1999
* item 18 (Remarks) – no deployments

4.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge
* Ranger Tab
* Canadian Parachutist Badge

5.  The available records do not contain a certificate of training for pre-scuba certification or scout swimmer training.

6.  Permanent Orders 301-34, issued by the U.S. Army John F. Kennedy Special Warfare Center and School on 28 October 2002, awarded him the Combat Scuba Diver Badge.

7.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion for service in Iraq from 28 February 2003 to 23 June 2003 (a period of 3 months and 27 days).

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (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.  Appendix B shows participation credit was awarded for two campaigns during the applicant's period of service in Iraq.

9.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days, are authorized award of the GWOTSM.

10.  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.  The regulation stated:

	a.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record.

	b.  For item 14, list formal in-service (full-time attendance) training courses of at 40 hours successfully completed (include title, length in weeks, and month and year completed).  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests addition of pre-scuba certification and scout swimmer training to his DD Form 214.  His record does not contain any source documents that show the duration of the pre-scuba certification and/or scout swimmer course, or the year in which he completed them.  Therefore, there is an insufficient evidentiary basis for adding these training courses to his DD Form 214.

2.  Orders show he was awarded the Combat Scuba Diver Badge.  Therefore, his DD Form 214 should be corrected to show it.

3.  DFAS confirmed he received HFP/IDP for service in Iraq (and presumably Kuwait, since the war did not start until 19 March 2003) from 28 February 2003 to 23 June 2003, for a total of 3 months and 27 days of foreign service.  Therefore, this information is accepted as sufficient evidence with which to correct items 12f and 18 of his DD Form 214 to show this foreign service.

4.  Based on his service in Iraq, he is authorized award of the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  He served a qualifying period for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this medal.

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 the current entry from item 12f of his DD Form 214 and replacing it with the entry "0000  03  27";

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030228-20030623" to item 18 of his DD Form 214; and

	c.  adding award of the ICM with two bronze service stars, GWOTSM, and Combat Scuba Diver Badge to his DD Form 214.
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 adding pre-scuba certification or scout swimmer training to his DD Form 214.



      _____________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)                                         AR20140000276



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ABCMR Record of Proceedings (cont)                                         AR20140000276



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