IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140012784 


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 deployments and awards.

2.  The applicant states he wants his foreign service and awards added to his 
DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 638 (Recommendation for Award) dated 20 June 2002
* DA Form 638, dated 28 August 2002
* Permanent Orders 350-14, Fort Stewart, Georgia, dated 16 December 2002
* Permanent Orders 350-16, Fort Stewart, Georgia, dated 16 December 2002
* DA Form 638, dated 16 April 2003 with Narrative Summary and Citation
* DA Form 638, dated 30 March 2004

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.  On 25 October 2001, the applicant enlisted in the Regular Army.  He was trained as an M1 armor crewman.

3.  A DA Form 638 initiated on 20 June 2002 shows that Permanent Order Number 181-10, Fort Benning, Georgia, was issued to announce the applicant's award of the Army Achievement Medal (AAM) for meritorious achievement during the period 12 to 16 June 2002 while participating in a force training exercise.

4.  A DA Form 638, initiated on 28 August 2002, shows that Permanent Order Number 273-15, Fort Benning, Georgia, was issued to announce the applicant's award of the AAM (1st oak leaf cluster (OLC)) for exceptional achievement during the period 28 March to 1 October 2002 while deployed to Kuwait for Operation Desert Spring.

5.  A DA Form 638, initiated on 16 April 2003, shows that Permanent Order Number 114-35, 3rd Infantry Division (Mechanized), dated 25 April 2003 was issued to announce the applicant's award of the Army Commendation Medal (ARCOM) with "V" Device for valor in connection with military operations against a hostile force in Iraq during Operation Iraqi Freedom during 6 and 7 April 2003.

6.  A DA Form 638, initiated on 30 March 2004, shows that Permanent Order Number 092-013, Fort Benning, Georgia, dated 1 April 2004 was issued to announce the applicant's award of the AAM (2nd OLC) for exceptional performance of duty during tank crew qualification gunnery during 23-29 March 2004.

7.  On 13 November 2006, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He attained the rank of sergeant, pay grade E-5, and had completed 5 years and 19 days of creditable active duty service.  His DD Form 214 shows:

	a.  in Item 12f (Foreign Service): zero years, months, and days;

	b.  in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Does not include ARCOM or AAM but it does include the Southwest Asia Service Medal; and
	c.  in Item 18 (Remarks): Does not include comments about deployments.

8.  The Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait during the following periods:

* 2 May to 30 September 2002                     (4 months and 29 days)
* 9 January to 14 July 2003                          (6 months and 6 days)
* 17 January 2005 to 15 January 2006       (11 months and 28 days)

                                       Total deployed service: 1 year, 11 months, and 3 days.

9.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the 
DD Form 214.  It provided that Item 18 would contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD - YYYYMMDD)."

10.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is authorized for the period 2 August 1990 – 30 November 1995.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his deployments and awards.

2.  The available evidence shows that permanent orders were issued announcing the applicant's award of the ARCOM with "V" Device and AAM with 2nd OLC.  Therefore, these medals should be shown on his DD Form 214.

3.  Records show that the applicant was deployed to Kuwait in 2002, 2003, and 2005-2006.  Therefore, this overseas service of 1 year, 11 months and 3 days and his three deployments should be reflected on his DD Form 214 in Items 12f and 18.

4.  The applicant DD Form 214 shows he was awarded the Southwest Asia Service Medal.  It was not awarded when he entered the Army.  However, as he does not request it be deleted no action will be taken on it.





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:

	a.  deleting from Item 12f of his DD Form 214 the current entry and replacing it with the entry: 0001 11 03;

	b.  adding to Item 13 of his DD Form 214 the:

* Army Commendation Medal with "V" Device
* Army Achievement Medal with 2nd OLC

   c.  adding to Item 18 of his DD Form 214 the entries: 
   
* "SERVICE IN KUWAIT: 20020502 – 20020930"
* "SERVICE IN KUWAIT/IRAQ: 20030109 – 20030714"
* "SERVICE IN KUWAIT: 20050117 – 20060115"



      __________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)                                         AR20140012784





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012784



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1