IN THE CASE OF:	  

		BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140005208 


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), ending on 30 April 2005, to show he served in Iraq.

2.  The applicant states this was an oversight by the military transitions personnel.  He was under the impression upon reenlisting in 2006 he could just simply have it added to his next DD Form 214.  Obviously, he was wrong.  

3.  The applicant provides copies of the following:

* Orders Number 98-1
* DA Form 638 (Recommendation for Award)
* Army Commendation Medal certificate
* Service Member Deployment History – Out-processing Verification
* DD Form 214

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 1 May 2002.  He was awarded military occupational specialty 92F (petroleum supply specialist).  

3.  He provided copies of the following:

   a.  Orders Number 98-1, issued by Detachment B, 55th Personnel Services Battalion, on 8 April 2003, assigning him to the Operational Command, Combined Forces Landing Component Command, 159th Medical Company, in support of Operation Enduring Freedom not to exceed 365 days, with a report date of 10 April 2003.

   b.  A DA Form 638, dated 19 December 2003, recommending him for award of the Army Commendation Medal for exceptionally commendatory service while supporting the 159th Medical Company while deployed in support of Operation Iraqi Freedom from 15 May 2003 through 9 February 2004.  The award was approved by Permanent Orders (PO) Number 363-12 on 17 January 2004.  He also provides the resulting Army Commendation Medal certificate.

   c.  A Service Member Deployment History - Out-processing Verification, for the period 9 May 2002 through 2 March 2005, which shows his following assignments:

* 11 March 2003 through 11 March 2004 – unidentified operation for the   purpose of contingency operation
* 19 to 26 October 2004 – unit training at the Combined Training Center

4.  A DA Form 2166-8 (Noncommissioned Officer Evaluation Report), for the period October 2004 to March 2005, shows he received ratings of "Excellent," "Successful," and "Among the Best."  The senior rater commented, "promote with peers now" and "assign to position of greater responsibility, demonstrated limitless potential."

5.  On 30 April 2005, he was released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 3 years of net active service.  His DD Form 214 lists in:



* Item 12 (Foreign Service) – 2 years, 11 months, and 23 days
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Overseas Service Ribbon
* Item 18 (Remarks) - does not list any service in Iraq

6.  On 28 October 2014, a staff member of the Defense Finance and Accounting Service verified the applicant received hostile fire and imminent danger pay for service in Kuwait/Iraq from 18 April 2003 through 27 February 2004.

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation states:

* Item 12 – will list all periods of foreign service performed during the period covered by the DD Form 214
* Item 13 – will list all decorations authorized and awarded
* Item 18 - for active duty Soldiers deployed with their units will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"

8.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait/Iraq from 18 April 2003 through 27 February 2004.  Therefore, he is entitled to correction of item 18 of his DD Form 214 to show this service.  

2.  As a related issue, PO awarded him the Army Commendation Medal for service in Iraq which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of records shows he received ratings of "Excellent," "Successful," and "Among the Best" and recommended for promotion with peers from October 2004 to March 2005 and attained the pay grade E-5.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 1 May 2002 through 30 April 2005 and its addition to his DD Form 214.

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:

* adding to item 18 of his DD Form 214 the entry, "Service in Kuwait/Iraq:  20030418-20040227"
* awarding him the Army Good Conduct Medal (1st Award) for the period 1 May 2002 through 30 April 2005
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and Army Commendation 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)                                         AR20140005208



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ABCMR Record of Proceedings (cont)                                         AR20140005208



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