IN THE CASE OF:	   

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140013788 


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 his deployment to Iraq during Operation Iraqi Freedom, the Combat Infantryman Badge, and the Iraq Campaign Medal.

2.  The applicant states:

	a.  He joined the United States Army on 13 May 2002 and he was honorably discharged on 1 May 2004.

	b.  He was processed out of the Army due to depression because his post-traumatic stress disorder (PTSD) was first diagnosed as a personality disorder.

	c.  He is experiencing night terrors that he was  back in Iraq and he could not hold a job because of his PTSD.

	d.  He is paranoid, uneasy in or around large crowds, and has feelings of being back in Iraq.

	e.  Correcting his DD Form 214 should be expedited because not having the correct information contained therein has postponed his ability to get the help and medication needed to treat his PTSD.


3.  The applicant provides:

* National Personnel Records Center letter, dated 1 July 2014
* Self-authored letter (Undated)
* Unit Deployment Orders with Personnel Roster, dated 16 December 2002

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 14 May 2002.  He completed training as an infantryman.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 30th Infantry Regiment (Mechanized), Fort Benning, Georgia.

3.  After completing 1 year, 10 months, and 8 days of net active service this period, the applicant was discharged from the Army under honorable conditions (general) on 28 April 2004, due to misconduct.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his 
DD Form 214 shows the following awards:

* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon

4.  The applicant provides a copy of deployment orders, which show that the unit to which he was assigned was deployed to Kuwait/Iraq in support of Operation Enduring Freedom on or about 12 January 2003 until completion of the mission.  He also provides a letter from NPRC, dated 1 July 2014, which states that no record was found to show he is authorized the Combat Infantryman Badge.


5.  A review of the available records fails to show that the applicant ever actively participated in ground combat while he was in Kuwait/Iraq.

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay for service in Kuwait/Iraq from 
8 January 2003 through 19 July 2003.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	b.  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 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

	c.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 
11 September 2001 to a date to be determined.

8.  Army Regulation 635-5 (Separation Documents), then in effect, 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 the preparation of the DD Form 214.  The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks).  Only deployment in an imminent danger/hostile fire zone will be reflected.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence in the available record, nor has the applicant provided any evidence showing that he ever actively engaged in ground combat while he was in Kuwait/Iraq.  Therefore, there is an insufficient evidentiary basis for awarding him the Combat Infantryman Badge in this case.

3.  Based on the applicant's overall record of service, it is reasonable to presume that he serviced in Kuwait from January to March 2003 and in Iraq from March to July 2003.  Accordingly, he is authorized the Iraq Campaign Medal with two bronze service stars based on his service from March 2003 through July 2003.  His DD Form 214 should be corrected to show this award and his dates of service in Kuwait/Iraq.

4.  Furthermore, based on the assumption he served in Kuwait during January to March 2003, he is authorized the GWOTEM.

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 amending his DD Form 214 dated 28 April 2004 by:

	a.  adding to item 13 –  the Iraq Campaign Medal with two bronze service stars and the Global War on Terrorism Expeditionary Medal; and

	b.  adding to item 18 – the entry  "SERVICE IN KUWAIT/IRAQ FROM 20030108-20030719."

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 awarding him the Combat Infantryman 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)                                         AR20140013788



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ABCMR Record of Proceedings (cont)                                         AR20140013788



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