IN THE CASE OF:	  

		BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20140016438 


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 reflect award of the Combat Infantryman Badge, Global War on Terrorism Service Medal, and Iraq Campaign Medal for deployment in support of Operation Iraqi Freedom and award of the Armed Forces Service Medal and foreign service credit for service in support of Operation Joint Forge.  He also requests, in effect, correction of his DD Form 214 to show his change of name from J____ M____ K____ to A____ F____.

2.  The applicant states:

* he deployed in support of Operation Iraqi Freedom and Operation Joint Forge as an infantryman and wants both his service and the accompanying awards and badges properly reflected in his record
* he did not have all of the appropriate orders needed at the time his DD Form 214 was prepared in order for it to accurately reflect his service
* he has been dealing with severe post-traumatic stress disorder and the disabilities of his children, thus he hasn't been able to consistently tend to this matter
* he has made multiple prior attempts at correcting these issues
* he and his family deserve to have a correct DD Form 214 which accurately reflects his time in service



3.  The applicant provides:

* Superior Court of Arizona in Apache County Order Changing Name for a Family, dated 29 April 2009
* Department of Veterans Affairs (VA) letter, dated 20 August 2014
* Multiple Internet articles from Wikipedia

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 30 July 1996 and served as an indirect fire infantryman.

3.  His Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Bosnia-Herzegovina during the period 1 September 1998 through 17 March 1999.

4.  His records contain Headquarters and Headquarters Company, 2d Brigade, 3d Infantry Division, Permanent Order CIB-594, dated 18 May 2003, awarding him the Combat Infantryman Badge for participation in ground combat as an infantryman during Operation Iraqi Freedom from 20 March 2003 through 30 April 2003.

5.  On 20 December 2003, he was honorably released from active duty.  His DD Form 214 shows in:

* item 12f (Foreign Service) – 8 months and 20 days (reflecting his service in Iraq)


* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Achievement Medal
* Presidential Unit Citation (Army)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Army Lapel Button

* item 18 (Remarks) – "SOLDIER SERVED IN OPERATION DESERT SPRING/IRAQI FREEDOM FROM 22 NOVEMBER 2002 TO 11 AUGUST 2003"

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual and unit military decorations, service medals and ribbons, and combat and special skill badges.

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the Global War on Terrorism Service Medal.

	b.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.

7.  Military Personnel Message Number 99-157 implemented policy to allow award of either the Armed Forces Expeditionary Medal or the Armed Forces Service Medal to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined.  Award of the Armed Forces Expeditionary Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.  Award of the Armed Forces Service Medal is limited to only those participating in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary.  Unlike the Armed Forces Expeditionary Medal and Armed Forces Service Medal authorized for Operation Joint Endeavor and Operation Joint Guard, no service member will be awarded both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for participation or direct support of Operation Joint Forge under any circumstance.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military 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 and reflects the conditions as they existed at the time of separation.  The Instructions stated:

	a.  enter the total amount of foreign service completed during the period covered in item 12f;

	b.  list the decorations, medals, badges, citations, and campaign ribbons for all periods of service in the priority sequence specified in Army Regulation 
600-8-22 in item 13; and

	c.  for an active duty Soldier deployed with his or her unit during their continuous period of active duty, enter the statement:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect award of the Combat Infantryman Badge, Global War on Terrorism Service Medal, Iraq Campaign Medal, Armed Forces Service Medal, foreign service credit, and his name change to A____ F____ was carefully considered.

2.  The applicant's records contain orders awarding him the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  The record of evidence shows he was deployed in support of Operation Iraqi Freedom from 22 March 2003 to 11 August 2003, participating in two campaigns and meeting the prerequisites for award of the Iraq Campaign Medal.  Therefore, his DD Form 214 should be corrected to show award of the Iraq Campaign Medal with two bronze service stars.

4.  The evidence shows he completed a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  DFAS records corroborate he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Bosnia-Herzegovina during the period 1 September 1998 through 17 March 1999.  Therefore, it would be appropriate to add this foreign service to item 12f and item 18 of his DD Form 214.

6.  The applicant was awarded the Armed Forces Expeditionary Medal for his participation in Operation Joint Forge in Bosnia-Herzegovina.  No service member will be awarded both the Armed Forces Expeditionary Medal and the Armed Forces Service Medal for participation or direct support of Operation Joint Forge under any circumstance.  Therefore, there is no basis for awarding him the Armed Forces Service Medal.

7.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  Therefore, there is no basis for correcting his name on his DD Form 214.

8.  A copy of this decisional document which confirms his legal name change will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and the name he currently uses.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0001  03  07,"

	b.  adding the following awards to item 13 of his DD Form 214:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Combat Infantryman Badge

	c.  adding the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19980901-19990317" to item 18 of his DD Form 214.

2.  The Board further determined 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 award of the Armed Forces Service Medal and correction of his name to read A____ F____.



      ___________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)                                         AR20140016438



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ABCMR Record of Proceedings (cont)                                         AR20140016438



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