BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140009299 


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 in:

* Item 4a (Grade, Rate, or Rank) - Private 2 (PV2)
* Item 4b (Pay Grade) - E-2
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) - the Iraq Campaign Medal with two bronze service stars and Combat Action Badge

2.  The applicant states he believes his DD Form 214 was incorrect at the time of his discharge in 2005.  At the time of his discharge his pay grade was E-2.  Correcting/updating his DD Form 214 will aid him in applying for compensation from the Department of Veterans Affairs and prove he served in Iraq.

3.  The applicant provides a copy of his 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 (RA), as a private 1 (PV1), on 28 February 2002.  He was awarded military occupational specialty (MOS) 13M (Multiple Launch Rocket System Crewmember).

3.  The Soldier Management System (SMS), located on the Human Resources Command Integrated Web Service, shows in the:

* Personnel Action Pending Section - he was identified as failing to meet height/weight standards on 16 September 2003
* General Information Section - his pay grade as E-2 with a date of rank (DOR) of 13 November 2003

4.  He was honorably released from active duty on 27 February 2005.  He was credited with completing 3 years of active service.  His DD Form 214 lists in:

* Items 4a and 4b - PV1 and E-1
* Item 12f (Foreign Service) - zero credit
* Item 12h (Effective Date of Pay Grade) - 13 November 2003
* Item 13 - the Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Service Medal, and Global War on Terrorism Expeditionary Medal
* Item 18 (Remarks) - Service in Southwest Asia - 20030121-20030604 and Kuwait/Iraq - 20030121-20030604

5.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows the Army Service Ribbon and National Defense Service Ribbon.

6.  His military records located in the integrated Personnel Electronic Records Management System (iPERMS) failed to reveal any orders authorizing or awarding him the Combat Action Badge and promoting him to pay grade E-2 and his exact dates of service for Kuwait and Iraq.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would

be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Items 4a would and 4b would list the active duty grade or rank and pay grade at time of separation
* Item 12f would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 12h would list the effective date for the grade shown in items 4a/4b
* Item 13 would list awards and decorations for all periods of service
* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active duty, 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:

   a.  The Global War on Terrorism Expeditionary Medal is awarded to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September, 2001 to a date to be determined for 30 consecutive days or 60 nonconsecutive days in the area of eligibility in direct support of Operation enduring Freedom (OEF). 

   b.  The Iraq Campaign Medal is authorized for service in direct support of Operation Iraqi Freedom (OIF) from on or after 19 March 2003 through 31 December 2011.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to the Iraq Campaign Medal and Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.  Campaign participation during his period of service in Iraq included:

* Liberation of Iraq – 19 March 2003 through 1 May 2003
* Transition of Iraq – 2 May 2003 through 28 June 2004

   c.  The Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined and will be announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  With regard to the Iraq Campaign Medal:

   a.  The applicant served in Kuwait/Iraq from 21 January through 4 June 2003. OIF officially started on 19 March 2003.  Therefore, he would have qualified for award of the Global War on Terrorism Expeditionary Medal for having served presumably in Kuwait from 21 January to 18 March 2003.  This award is currently listed on his DD Form 214.

   b.  He would have also qualified for award of the Iraq Campaign Medal with two bronze service stars for his service in Iraq from on or about 19 March through 4 June 2003.  Therefore, he is entitled to award of the Iraq Campaign Medal with two bronze services stars and correction of his DD Form 214 to show these awards.  

2.  Based on his service in Kuwait/Iraq from 21 January through 4 June 2003, a period of 4 months and 14 days, item 12f of his DD Form 214 should be corrected to show 4 months and 14 days of foreign service.  

3.  With regard to correction of his DD Form 214 to show his pay grade as E-2:

   a.  The SMS shows his pay grade as E-2 with DOR of 13 November 2003.  There is no evidence he was reduced from that grade prior to his separation.  He was issued a DD Form 214 showing his rank/pay as PV1/E-1 with a DOR of 13 November 2003.
   
   b.  Without evidence to the contrary, it appears he was serving in pay grade E-2 on the date of his separation.  Therefore, he is entitled to correction of items 4a and 4b of this form to show his rank/pay grade as PV2/E-2.



4.  With regard to the Combat Action Badge: 

   a.  There are no permanent orders in his records and he provides none to show he was awarded the Combat Action Badge during his period of service.  Therefore, there is an insufficient evidentiary basis for granting him the requested relief.  

   b.  If the applicant feels he meets the criteria for this badge, he may apply for retroactive award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN: Veteran Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743.  The Combat Action Badge may be requested by letter and must contain the following:

* assignment, attachment, or operational control orders
* a copy of the Soldier's Officer or Enlisted Record Brief
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* any other supporting documentation

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 items 4a and 4b of his DD Form 214 the entries, "PV1" and "E-1" and replacing them with the entries, "PV2" and "E-2"
* deleting from item 12f of this DD Form 214 the entry, "0000-00-00" and adding the entry "0000-04-14"
* adding to item 13 the Iraq Campaign Medal with 2 bronze service stars

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 correction of his DD Form 214 to show the Combat Action Badge.



      _______ _   _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)                                         AR20140009299



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ABCMR Record of Proceedings (cont)                                         AR20140009299



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