BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140011715
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 his foreign service and award of the Army Commendation Medal (ARCOM).
2. The applicant states all military awards and time in combat should be annotated on an individuals DD Form 214.
3. The applicant provides:
* letter from his former company commander
* ARCOM Certificate
* orders
* DD Form 214
* newspaper article
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 20 May 2003. After completing initial entry training, he was awarded military occupational specialty 19K (M1 Armor Crewman).
3. On 2 November 2005, he was honorably released from active duty. The DD Form 214 issued at that time shows in:
* block 12f (Foreign Service) no foreign service
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* block 18 (Remarks) no entries referencing deployed service
4. He provides Orders 030-01, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Hood, TX, dated 30 January 2003, which show he was deployed to the Central Command area of responsibility in support of Operation Enduring Freedom (OEF).
5. He provides a certificate showing Permanent Order 023-02 awarded him the ARCOM for meritorious service while serving in support of Operation Iraqi Freedom (OIF) for the period 2 May 2003 through 31 December 2003.
6. During the processing of this case, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion for service in Kuwait from 10 November 2003 through 29 March 2004 (4 months and 19 days).
7. Army Regulation 635-8 (Separation Processing and Documents) establishes standardized policy for the preparation of the DD Form 214. It states:
a. For block 12f, enter the total amount of service performed outside the continental United States during the period covered by the DD Form 214. In addition, list periods of deployed service in block 18.
b. For block 18, in part, enter SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).
8. Review of his record indicates he is entitled to additional awards not listed on his DD Form 214.
9. Department of the Army General Orders Number 2009-11, dated 16 December 2009, awarded the Valorous Unit Award (VUA) to the 3rd Battalion, 66th Armor, 1st Brigade, 4th Infantry Division for the period 15 April 2003 to 15 March 2004.
10. Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of OIF. The AOE 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 ICM 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. During his service in Iraq, the applicant participated in the Transition of Iraq campaign (2 May 2003-28 June 2004).
DISCUSSION AND CONCLUSIONS:
1. The record shows the applicant was deployed to Kuwait and Iraq with his unit in support of OEF from 10 November 2003 through 29 March 2004 (4 months and 19 days). It would be appropriate to amend blocks 12f and 18 of his
DD Form 214 to show this foreign service.
2. Based on his service in Iraq and his participation in one campaign, he is entitled to the ICM with one bronze service star and correction of his DD Form 214 to show this award.
3. Permanent orders awarded him the ARCOM. He is entitled to correction of his DD Form 214 to show this award.
4. He was deployed with the 3rd Battalion, 66th Armor, 1st Brigade, 4th Infantry Division during the period for which the unit was awarded the VUA. He is entitled to correction of his DD Form 214 to show this award.
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 amending his DD Form 214 as follows:
a. replace the entry in item 12f with "0000 04 19";
b. add to item 13 the ARCOM, VUA, ICM with one bronze service star; and
c. add to item 18 the statement "SERVICE IN KUWAIT/IRAQ FROM 20031110-20040329."
_______ _ 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) AR20140011715
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