IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140007568 


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 correct of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* his foreign service in Panama in 1989
* his foreign service in Southwest Asia in 1991
* his foreign service in support of Operation Iraqi Freedom (OIF) in 2003
* the combat patches (properly known as shoulder sleeve insignia-former wartime service (SSI-FWTS)) he received for each of these deployments

2.  The applicant states:

	a.  He deployed three separate times with the U.S. Army.  He deployed to Panama while assigned to the 3rd Battalion, 6th Infantry Regiment in or about 1989.  He was an augmentee to the 5th Battalion for the Gulf War in 1991, and he deployed for OIF with the 4th Infantry Division (ID) in 2003.

	b.  All of these deployments are missing from his DD Form 214 and his DA Form 2-1 (Personnel Qualification Record – Part II).  The last time his DA Form 2-1 was updated was in 1996.  There has been a gross amount of negligence pertaining to his military files and history.  He received SSI-FWTS patches for each of these deployments and there is no acknowledgement of those patches.

3.  The applicant provides copies of the envelopes of three pieces of mail.

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 6 September 1985 and held military occupational specialty 11B (Infantryman).  He served through multiple reenlistments and/or extensions and was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 January 1994.  On 14 June 2002, he was assigned to Headquarters and Headquarters Company (HHC), 4th ID, Fort Hood, TX.

3.  His record contains a DA Form 2166-8 (Noncommissioned Officer Report (NCOER)) covering the rated period March 2003 through February 2004 he received while assigned to HHC, 4th ID, Fort Hood.  This NCOER, in part, shows the following bullet comments:

* he forward-deployed with the Division Tactical Assault Command (DTAC) as team leader of personal security for the Assistant Division Commander of Maneuvers (ADC-M) and the Division Command Sergeant Major (CSM)
* he was hand-picked by the commander over numerous NCOs to supervise the unit's convoy procedures
* he provided guidance on all ceremonies performed in the Division during OIF and redeployment
* he was NCOIC of all early redeployment operations at Camp Arifjan, Kuwait for OIF

4.  He was honorably retired on 30 September 2005 in the rank of SSG and he was placed on the Retired List on 1 October 2005.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (9th Award)
* Global War on Terrorism Service Medal
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Korea Defense Service Medal
* Noncommissioned Officer’s Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Item 18 (Remarks) of his DD Form 214 does not reflect any deployments to Panama, Southwest Asia, Kuwait, or Iraq.  

7.  His record contains his DA Form 2-1 that shows, in part, he was assigned to the 3rd Battalion, 6th Infantry Regiment, Fort Polk, LA, from 9 August 1988 to 12 November 1991; to the 1st Battalion, 15th Infantry Regiment, Korea, from 11 December 1991 to 7 December 1992; and to 1st Battalion, 5th Calvary Regiment, Fort Hood, TX, from 12 January 1993 to 13 September 1996. 

8.  This DA Form 2-1 does not reflect any service in Panama or Southwest Asia.  He last reviewed this form on 7 May 1999 and authenticated the form by placing his signature in the appropriate block on that date (emphasis added).  

9.  The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia in support of military operations during the period 2 August 1990 through December 1995.  This roster does not show that the applicant served in Southwest Asia. 

10.  The applicant provides copies of three envelopes from himself at Army Post Office (APO) Army Europe (AE) 09323-2628 to an address in Killeen, TX.  One of the envelopes does not show the APO date stamp, one shows it was mailed on an unknown date in 2004, and one shows it was mailed on 16 January 2004.  A review of the Internet shows in January 2004 APO AE 09323-2628 was the APO for HHC, 4th ID, Tikrit, Iraq. 

11.  On 30 April 2014, by email, a Defense Finance and Accounting Service (DFAS) official verified he received hostile fire (HF)/imminent danger pay (IDP) for service in Kuwait from 7 April 2003 to 13 March 2004.

12.  A review of the history of the 4th ID shows in March 2003 the division deployed to Iraq in support of OIF.  The Division headquarters was established in Tikrit and the brigades were located over a large area in the "Sunni Triangle."  In December 2003, the Division was tasked to capture Saddam Hussein, and in March 2004 the Division departed Iraq.

13.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (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.  Approved campaigns are, in part, the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004).

14.  Army Regulation 600-8-22 shows the dates of Operation Just Cause in Panama were from 20 December 1989 through 31 January 1990.

15.  The DA Form 2-1 and its successor the automated Enlisted Record Brief (ERB) is a record of a Soldier's personnel management qualifications in the form of data as it was at the time the form was produced and it was used as an internal management tool to assist officials processing a Soldier's assignment or reassignment, promotions, and career progression.  Neither the DA Form 2-1 nor the ERB is maintained or updated subsequent to a Soldier's separation from active duty.  Additionally, the DA Form 2-1 became obsolete in the mid to late 1990s when it was replaced by the ERB.  

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia.  Paragraph 28-17 of this regulation prescribes the authority for authorization, periods of authorization, and manner of wear for the SSI-FWTS.  The SSI-FWTS is a shoulder sleeve insignia indicating former wartime service and is worn on the uniform as prescribed in Army Regulation 670-1.  The SSI-FWTS is not an award or a decoration.  Therefore, there is no provision for entering the SSI-FWTS on the DD Form 214.   

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received HF/IDP from 7 April 2003 to 13 March 2004, his NCOER stated he forward-deployed with the 4th ID ADC-M, he provided evidence that shows he was in Iraq in January 2004, and his NCOER stated he served in Kuwait during the 4th ID's early redeployment.  Therefore, his DD Form 214 should be corrected to show his foreign service in Kuwait/Iraq.



2.  Although the specific dates of his service in Iraq are not known, based on the record of evidence described above it is reasonable to presume when he deployed to Kuwait in April 2003 he joined the 4th ID in Iraq and that he returned to Kuwait to assist in the early redeployment of the Division sometime after January 2004.  Therefore, it can be presumed that he served in Iraq during a qualifying period for award of the Iraq Campaign Medal and participated in two campaigns during that service.  Therefore, it would be appropriate to correct his DD Form 214 to show the Iraq Campaign Medal with two bronze service stars.

3.  With respect to his foreign service in Panama and Southwest Asia, his available records are void of any evidence and he did not provide any evidence that shows he deployed to either country.  His DA Form 2-1, that he authenticated on 7 May 1999, does not show he deployed to either country and the Gulf War Deployment Roster does not show he deployed to Southwest Asia. Therefore, there is insufficient evidence to grant this portion of the requested relief.

4.  With respect to the SSI-FWTS, the SSI-FWTS is not an award and there are no provisions for entering the SSI-FWTS on the DD Form 214.  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 that the evidence presented was 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 by adding to:

* item 13 the Iraq Campaign Medal with two bronze service stars
* item 18 the entry SERVICE IN KUWAIT/IRAQ FROM 20030407-20040313

2.  The Board further determined that 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 foreign service in Panama and Southwest Asia, and the SSI-FWTS. 




      _______ _   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)                                         AR20140007568





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ABCMR Record of Proceedings (cont)                                         AR20140007568



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