IN THE CASE OF: BOARD DATE: 8 February 2011 DOCKET NUMBER: AR20100018626 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 2004 be corrected to show his period of deployment in support of Operation Enduring Freedom (OEF). 2. He states he was deployed from April 2003 to April 2004. 3. He provided a copy of Permanent Orders (PO) C0204, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 3 March 2003. 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. His military records show he enlisted in the Regular Army on 11 April 1984. He continued to serve on active duty through a series of reenlistments. 3. He provided a copy of PO C0204 that show the 608th Ordnance Company, 36th Engineer Group, Fort Benning, was directed to deploy on 1 March 2003, in support of OEF. These orders also show he was temporarily assigned to a unit in Camp Doha, Kuwait for 365 days. 4. Item 12 (Record of Service) of his DD Form 214 shows he was honorably retired on 31 December 2004, in the grade of sergeant first class/E-7. He completed 20 years, 8 months, and 20 days of active service. He completed 6 years and 2 days of foreign service with no lost time. 5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Global War on Terrorism Service Medal, Korea Defense Service Medal, Meritorious Service Medal, Army Commendation Medal (4th Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (6th Award), National Defense Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (3rd Award), Parachutist Badge, Air Assault Badge, and the Driver and Mechanic Badge with Driver-M Bar. 6. Item 18 (Remarks) of his DD Form 214 does not contain any entries showing he deployed in support of OEF. 7. The Defense Finance and Accounting Service (DFAS) confirms he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) from 20 April 2003 through 20 April 2004 for service in Kuwait. 8. A review of his personnel records indicates he is entitled to an additional award that is not shown on his DD Form 214. 9. Item 13 of his DD Form 214 does not show he was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM). 10. Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. This regulation further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE. 11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4 states that an active duty Soldier deployed with his or her unit during their continuous period of active service, will have the following statement entered in item 18 of the DD Form 214: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The available evidence confirms he received HFP/IDP and CTZE while serving in Kuwait from 20 April 2003 through 20 April 2004. As a result, it would be appropriate to add "SERVICE IN KUWAIT FROM 20030420-20040420" to item 18 of his DD Form 214. 2. The evidence shows he completed a qualifying period of service in a designated area for award of the GWOTEM. In view of the foregoing, he is entitled to award of the GWOTEM and to have his DD Form 214 reflect 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 for the period ending 31 December 2004 by adding in: a. item 13 the GWOTEM; and b. item 18 "SERVICE IN KUWAIT FROM 20030420-20040420.” _______ _ _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) AR20100018626 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018626 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1