BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140001014 


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 the Purple Heart, Combat Infantryman Badge, Army Commendation Medal, and the Army Achievement Medal.

2.  The applicant states he received the Army Achievement Medal, the Purple Heart on 25 August 2005, and the Army Commendation Medal in November 2005 but they are not shown on his DD Form 214.  He tried getting the Purple Heart added in 2009 but he was only awarded the Combat Infantryman Badge.

3.  The applicant provides his DD Form 214, two DA Forms 4187 (Personnel Action), orders, a certificate, and DA Form 638 (Recommendation for Award).

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 31 July 2002 and he held military occupational specialty 11B (Infantryman).  He was subsequently assigned to the 1st Battalion, 30th Infantry Regiment, 3rd Infantry Division (ID), Fort Benning, GA.  

3.  Permanent Orders (PO) 129-30, dated 9 May 2005, issued by Headquarters (HQ), 42nd ID, Tikrit, Iraq, awarded him the Combat Infantryman Badge effective 26 February 2005 for participating in ground combat under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom (OIF).

4.  PO 280-72, dated 7 October 2005, issued by HQ, 42nd ID, Tikrit, Iraq, awarded him the Purple Heart for wounds received as a result of enemy hostile action on 24 August 2005.

5.  The applicant provides a DA Form 638, dated 30 October 2005, wherein it shows PO 309-068, issued by HQ, 3rd Brigade, 3rd ID, awarded him the Army Commendation Medal for meritorious service during combat operations in support of OIF.

6.  He was discharged from active duty on 28 August 2007.  

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal

8.  Item 18 (Remarks) of this form is void of an entry that shows he had any foreign service.

9.  On 15 August 2014, by email, an official with the Defense Finance and Accounting Service verified the applicant received hostile fire/imminent danger pay for service in Kuwait from 19 January 2005 to 19 January 2006 (1 year and 1 day).

10.  His record is void of orders awarding him the Army Achievement Medal.

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

	a.  Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The Iraq Campaign Medal 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.  A review of his records shows that during his service in Iraq he participated in two campaigns.

	b.  National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	c.  Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.

	d.  Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  Overseas Service Ribbon is awarded for successful completion of overseas tours.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  It stated in item 18, for a Soldier deployed to a foreign country during the period of service covered by the DD Form 214 enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms PO awarded the applicant the Combat Infantryman Badge, Purple Heart, and Army Commendation Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served in Kuwait/Iraq from 19 January 2005 to 19 January 2006 which is not shown in item 18 of his DD Form 214.  Therefore, he is entitled to the correction of his DD Form 214 to show the dates of his service in Kuwait/Iraq.

3.  He participated in two campaigns during his service in Iraq; therefore, he is entitled to two bronze service stars for wear on his already-awarded Iraq Campaign Medal and correction of his DD Form 214 accordingly.

4.  He served during a qualifying period for award of the National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  With respect to the Army Achievement Medal, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Achievement Medal.  His record is void of orders showing he was awarded the Army Achievement Medal.  In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Army Achievement Medal.  Therefore, he is not entitled to this portion of the requested relief.

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:
* deleting from item 13 the Iraq Campaign Medal
* adding to item 13 the:

* Combat Infantryman Badge
* Purple Heart
* Army Commendation Medal
* Iraq Campaign Medal with two bronze service stars
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

* adding to item 18 the entry "SERVICE IN KUWAIT/IRAQ FROM 20050119-20060119"

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 Army Achievement Medal.



      _______ _   _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)                                         AR20130002624



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ABCMR Record of Proceedings (cont)                                         AR20140001014



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