IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140007969 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Army Commendation Medal (ARCOM), awards for his service in Iraq, his foreign service in Iraq, and a change to his Narrative Reason for Separation to show he was discharged by reason of permanent disability.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his award of the ARCOM, his deployment to Iraq and the medals that go with the deployment, his foreign service, and he should have been processed under the Physical Disability Evaluation System (PDES) for permanent disability. 

3.  The applicant provides copies of his DD Form 214, deployment orders, the front page of a DA Form 638 (Recommendation for Award), deployment report, travel voucher, handwritten list of ailments, DA Form 3349 (Physical Profile), and his Enlisted Record Brief.

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’s records, though somewhat incomplete, show that the applicant enlisted in the Regular Army on 23 October 2003 for a period of 4 years and training as a multi-channel transmission operator/maintainer.  He completed his basic training at Fort Benning, Georgia and his advanced individual training at Fort Gordon, Georgia before being transferred to Wiesbaden, Germany for assignment to a signal company. 

3.  The applicant deployed to Kuwait/Iraq during the period 20051108 – 20061113, a period of 1 year and 6 days and served in two campaigns.

4.  He completed his 2-year overseas tour in Germany and was transferred to Fort Bragg, North Carolina where he remained until he was honorably released from active duty (REFRAD) on 22 October 2007.  He had served 4 years of active service.  His DD Form 214 issued at the time of his REFRAD shows no foreign service in item 12f and it shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.  His DD Form 214 also does not reflect his deployment.

5.  A review of the available records failed to show orders awarding him the ARCOM, and the DA Form 638 provided by the applicant shows only one side of the form and does not indicate what award was actually awarded/issued.  Additionally, there is no evidence in the available records to show that the applicant was deemed unfit to perform his duties or that he was unfit for retention.

6.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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 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 include:

* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

8.  Army Regulation 600-8-22 that the Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours.  According to the Awards Branch at the 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.

9.  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 and provides for item 18 for an active duty Soldier deployed to a foreign country 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)."

10.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a Soldier is unable to perform the duties of his/her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his/her employment on active duty.  It states MTF (medical treatment facility) commanders who are treating Soldiers may initiate action to evaluate the Soldier’s physical ability to perform the duties of his/her office, grade, rank, or rating.  The commander will advise the Soldier’s commanding officer of the results of the evaluation and the proposed disposition.  If it appears the Soldier is not medically qualified to perform duty, the MTF commander will refer the Soldier to an MEB.

11.  Army Regulation 635-40 states MEBs are convened to document a Soldier’s medical status and duty limitations insofar as duty is affected by the Soldier’s status.  A decision is made as to the Soldier’s medical qualification for retention based on the criteria in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served 2 years of foreign service and is entitled to have that service reflected in item 12f of his DD Form 214.

2.  The applicant served during a qualifying period for awards of the Iraq Campaign Medal with two bronze service stars and the OSR.  Accordingly, they should be added to his DD Form 214.

3.  The applicant served in Iraq/Kuwait during the period 20051108 – 20061113 and is entitled to have that deployment reflected in item 18 of his DD Form 214.

4.  The applicant has provided the front page of a DA Form 638 indicating that he was recommended for award of the ARCOM; however, he has not provided and the available records do not contain orders awarding him the ARCOM.  Therefore, in the absence of such orders there appears to be no basis to add that award to his DD Form 214 at this time.

5.  The applicant’s contention that he should been separated by reason of permanent disability has also been noted.  He has not provided sufficient evidence to show that he was unfit to perform his duties or that he should have been referred for evaluation under the PDES.  Therefore, absent such evidence there appears to be no basis to grant his request to change his narrative reason for separation.

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:

* Deleting from item 12f of his DD Form 214 the entry 0000  00  00" and replacing it with the entry "0002  00  00"
* Adding to his DD Form 214 the Iraq Campaign Medal with two bronze service stars and OSR 
* Adding to item 18 of his DD Form 214 the entry "Service in Kuwait/Iraq 20051108 – 20061113"

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 adding the award of the ARCOM to his DD Form 214 and changing his narrative reason for separation.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20140007969





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ABCMR Record of Proceedings (cont)                                         AR20140007969



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