IN THE CASE OF:	 

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140013733


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following missing items:

* his foreign service in Iraq (2003060103 [sic] – 20040108)
* his foreign service in Bosnia (19970316-19971013)
* his Combat Action Badge (CAB)
* his Army Achievement Medal (AAM) for Germany
* his AAM for Bosnia-Herzegovina
* his North Atlantic Treaty Organization (NATO) Medal 

2.  The applicant states his DD Form 214 does not show his foreign service while in Iraq or Bosnia, his two AAMs, his CAB, or his NATO medal, which he earned during his period of service.  These awards were erroneously omitted from his DD Form 214.

3.  The applicant provides the following as evidence in support of his request:

* a memorandum from Headquarters, 1st Cavalry Division, Fort Hood, Texas to Commander, U.S. Army Human Resources Command (HRC), subject: Approval of CAB for 3rd Brigade Combat Team, 1st Cavalry Division 
* a memorandum from Headquarters, 3rd Grey Wolf Brigade, 1st Cavalry Division, Fort Hood, Texas, dated 28 September 2005, subject: CAB Roster for Deserving Individuals, with a one page extract
* DA Form 4980-18 (AAM Certificate), dated 13 October 1997, annotated as Permanent Orders Number 287-236, dated 13 October 1997
* DA Form 638 (Recommendation for Award), dated 22 August 1997
* AAM Certificate, dated 2 December 1998
* Military Personnel Awards Orders Number 020-2, issued by Iraq Survey Group, Camp Slayer, Baghdad on 20 January 2004
* Certificate of Appreciation, issued by the Iraq Survey Group on               27 December 2003
* NATO Certificate, for service with NATO on Operations in Relation to the Former Yugoslavia, the time period of 16 March 1997 to 13 October 1997

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 3 July 1996.  Upon the completion of his initial training, he was awarded military occupational specialty 13F (Fire Support Specialist).

3.  The applicant was honorably discharged from active duty on 3 October 2005 by reason of completion of required active service with 9 years, 3 months, and    1 day of net active service.  His DD Form 214 shows in:

* Item 12f (Foreign Service): 3 years, 4 months, and 5 days
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal
* AAM
* Joint Service Achievement Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button

* Item 18 (Remarks):

* "Service in Southwest Asia 19990414-19990819"
* "Soldier served in Iraq from 040315 to 050321"

4.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia from 1 June 1997 through 14 October 1997, in Kuwait from 15 June 2003 through 10 January 2004, and in Iraq from 1 March 2004 through 20 March 2005.

5.  A review of his record reveals:

	a.  An AAM certificate for meritorious service to the Army from 2 July 1996 through 5 October 2005, annotated as Permanent Orders Number 200-24, dated 19 July 2005. 

	b.  Permanent Orders Number 020-35, issued by Headquarters, 1st Cavalry Division, Fort Hood, Texas on 20 January 2006, which awarded him the CAB for the date(s) or period of service 3 June 2005 by reason of being personally present and actively engaging or being engaged by enemy fire to liberate Iraq in support of Operation Iraqi Freedom II. 

6.  The applicant provides the following evidence:

     a.  Memorandum from Headquarters, 1st Cavalry Division, undated and signed by the Commanding General, Subject: Approval of Combat Action Badge for 3rd Brigade Combat Team, 1st Cavalry Division.

     b.  Memorandum from Headquarters, 3rd Grey Wolf Brigade, 1st Cavalry Division, dated 28 September 2005, Subject: CAB Roster for Deserving Individuals with a one-page extract of names, in which the applicant's name is included.

     c.  An AAM certificate from 1st Battalion, 6th Field Artillery Regiment, for outstanding meritorious service while deployed to Bosnia-Herzegovina in support of Operation Joint Guard, from 15 March 1997 to 13 October 1997, annotated as Permanent Orders Number 287-236, dated 13 October 1997.  Also provided is the DA Form 638 that accompanies this certificate. 
     d.  An AAM certificate, from Headquarters and Headquarters Company,       3rd Brigade, 1st Infantry Division for meritorious achievement while assigned to the fire support element of 3rd Brigade, from 12 January 1997 to 11 January 1999, annotated as Permanent Orders Number 336-1, dated 2 December 1998.

     e.  Military Personnel Awards Order Number 020-2, from Iraq Survey Group, APO AE, dated 20 January 2004, which announced the applicant's award of the Joint Service Achievement Medal for the period 1 June 2003 to 8 January 2004.

     f.  A Certificate of Appreciation, from Iraq Survey Group, dated 27 December 2003, for the period 14 June 2003 to 8 January 2004.

     g.  A NATO certificate, signed by The Secretary General, awarding the NATO Medal for service with NATO on Operations in Relation to the Former Yugoslavia during the period 16 March 1997 to 13 October 1997.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time,  prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  It states for:

	a.  item 13, lists awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviation; and 

	b.  item 18, for an active duty Soldier deployed 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his foreign service in Iraq and Bosnia and his additional missing medals was carefully considered.

2.  DFAS records confirmed he received HF/IDP and CZTE for service in:
* Bosnia, for the period 1 June 1997 through 14 October 1997 (a period of  4 months and 14 days)
* Kuwait, for the period 15 June 2003 through 10 January 2004 (a period of 6 months and 26 days)
* Iraq, for the period 1 March 2004 through 20 March 2005 (a period of       1 year and 20 days).

3.  Even though DFAS records show his period of service from 15 June 2003 through 10 January 2004 as Kuwait, his documents from the Iraq Survey Group shows he was in Iraq during that timeframe.  Consequently, regarding his foreign service periods, only his second period of service in Iraq is reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show his periods of foreign service in Bosnia and his first period in Iraq.  

4.  Permanent orders awarded him the following medals:

* the AAM for outstanding meritorious service while deployed to Bosnia-Herzegovina in support of Operation Joint Guard, from 15 March 1997 to 13 October 1997, annotated as Permanent Orders Number 287-236, dated 13 October 1997
* the AAM for meritorious achievement while assigned to the fire support element of 3d Brigade, from 12 January 1997 to 11 January 1999, annotated as Permanent Orders Number 336-1, dated 2 December 1998
* the CAB by reason of being personally present and actively engaging or being engaged by enemy fire to liberate Iraq in support of Operation Iraqi Freedom II for the date(s) or period of service 3 June 2005, annotated as Permanent Orders Number 020-35, dated 20 January 2006 

5.  His DD Form 214 only shows a single AAM award; therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the AAM (2nd Award), and the CAB.

6.  He was awarded the NATO Medal for service with NATO on Operations in Relation to the Former Yugoslavia during the period 16 March 1997 to               13 October 1997.  The accompanying NATO Certificate is not shown on his     DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show award of the NATO Medal.



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 by:

     a.  amending item 13 by deleting the "Army Achievement Medal" and adding the Army Achievement Medal (2nd  Award), Combat Action Badge, and NATO Medal; and

     b.  amending item 18 by adding the following entries:

* "SERVICE IN BOSNIA FROM 19970601-19971014"
* "SERVICE IN IRAQ FROM 20030615-20040110"


      
      
      _____________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)                                         AR20130001395



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ABCMR Record of Proceedings (cont)                                         AR20140013733



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