RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 October 2007
	DOCKET NUMBER:  AR20070005034 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Susan A. Powers

Chairperson

Mr. Edward E. Montgomery

Member

Mr. Qawiy A. Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to show he was awarded the Global War on Terrorism Service Medal or the Global War on Terrorism Expeditionary Medal.

2.  The applicant states, in effect, that he served in the Regular Army (RA) in Kuwait from August to December 2001 which qualified him for the medal(s).  However, they were not approved yet and he would now like to receive them.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.

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 26 August 1999.  He was trained as an armor crewman, in military occupational specialty (MOS), 19K, Armor Crewman.  He was advanced to pay grade E-3 effective 1 August 2000.  He continued to serve until he was honorably discharged on 25 November 2002, under the provisions of Army Regulation 635-200, chapter 18, weight control failure. 

3.  Item 12f (Foreign Service), on his DD Form 214, shows the entry, "0000 00 00."   

4.  Information provided by DFAS (Defense Finance and Accounting) revealed that the applicant served in Kuwait during the period August 2001 through December 2001, which equates to 5 months. 


5.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 
12f.  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.  For active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks) of the DD Form 214.  

6.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized this award.  

7.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

8.  Initial award of the Global War on Terrorism Expeditionary Medal is limited to Soldiers deployed abroad in operations Enduring Freedom and Iraqi Freedom in the following Department of Defense designated specific geographic areas of eligibility:  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 degrees east latitude), Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  



9.  Military Awards Branch Message [dated 8 April 2005] specified that effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Iraq; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 30 April 2005 in an area for which the Iraq Campaign Medal was subsequently authorized shall remain qualified for the 
Global War on Terrorism Expeditionary Medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global
War on Terrorism Expeditionary Medal for such service; however, no service member shall be entitled to award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that based on verification from DFAS, the applicant served in Kuwait from August 2001 to December 2001.  The applicant is therefore eligible for award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal and to have these awards added to his DD Form 214.  

2.  The information provided by DFAS revealed that the applicant served in Kuwait from August 2001 to December 2001, for 5 months; however, the actual date of his departure from Kuwait cannot be verified.  Therefore, he is entitled to correction of item 12f (Foreign Service), of his DD Form 214 to show the entry, "0000 05 00," and a correction to item 18 (Remarks), to show the entry "SERVICE IN KUWAIT FROM 20010801-20011231."

BOARD VOTE:

__QS ___  __EM___  __SAP___  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: 

	a.  by showing the entry, "0000 05 00," in item 12f (Foreign Service), of his DD Form 214;

b.  awarding the applicant the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal, and adding these awards to item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214; and

	c.  by showing the entry, "SERVICE IN KUWAIT FROM 20010801-20011231," in item 18 (Remarks), of his DD Form 214. 




____Susan A. Powers______
          CHAIRPERSON




INDEX

CASE ID
AR20070005034
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071004
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20021125
DISCHARGE AUTHORITY
AR 635-200, chap 18 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.