IN THE CASE OF:	  

		BOARD DATE:	    19 May 2011

		DOCKET NUMBER:  AR20100027616 


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 award of the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  He states his unit, the 1st Battalion, 14th Field Artillery, did not forward the appropriate information for the award.

3.  He provides deployment orders and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 7 March 2002.

3.  Orders 044-302, dated 13 February 2003, show his unit, Headquarters and Headquarters Service Battery, 1st Battalion, 14th Field Artillery Battalion, was assigned to U.S. Central Command for deployment in support of Operation Enduring Freedom with a proceed date of on or about 20 February 2003.

4.  He was released from active duty on 6 March 2006.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon.

5.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 2 months and 28 days of foreign service.  Item 18 (Remarks) does not show he served in support of Operation Enduring Freedom.

6.  In an email, dated 16 March 2011, the Defense Finance and Accounting Service (DFAS) indicated the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) during the period 23 March 2003 through 16 June 2003 for service in Kuwait.

7.  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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 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.

8.  Army Regulation 635-5 (Separation Documents) 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 the preparation of the DD Form 214.  It states 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders published on 13 February 2003 show the applicant was deployed in support of Operation Enduring Freedom with a proceed date of on or about 20 February 2003.

2.  His military pay records at DFAS show he received HFP/IDP and CZTE from 23 March 2003 through 16 June 2003 for service in Kuwait.

3.  His military pay records and deployment orders are accepted as sufficient evidence to award him the GWOTEM and to amend item 18 of his DD Form 214 to show the entry "SERVICE IN KUWAIT FROM 20030323-20030616."

BOARD VOTE:

___X____  __X_____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending item 13 of his DD Form 214 by adding award of the GWOTEM and

	b.  amending item 18 of his DD Form 214 by showing the entry "SERVICE IN KUWAIT FROM 20030323-20030616."



      ___________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)                                         AR20100027616



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ABCMR Record of Proceedings (cont)                                         AR20100027616



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