RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070008197 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C Bergquist

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served 6 months of foreign service and to add the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal (GWOTSM), the Armed Forces Expeditionary Medal (AFEM), the Army Achievement Medal (AAM), unspecified marksmanship awards, the Kuwait Liberation Medal, and all other awards to which he is entitled.

2.  The applicant states that he served 6 months in Southwest Asia.

3.  The applicant provides an AAM award certificate; a printout describing the GWOTEM, and a printout describing the GWOTSM.

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 5 July 2000.  He completed basic training and advanced individual training and was awarded military occupational specialty 19K (M1 Armor Crewman).

3.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay/imminent danger pay from 1 November 2001 through 31 March 2002 in Kuwait.

4.  Headquarters, 3d Battalion, 8th Cavalry, 1st Cavalry Division Permanent Orders Number 80-65, dated 21 March 2002, awarded the applicant the AAM.  The award citation notes he was deployed as a participant in Operation Enduring Freedom from 14 November 2001 through 4 April 2002 (4 months and 21 days).


5.  The applicant’s Enlisted Record Brief, dated 5 September 2002, shows that he was awarded only the Army Service Ribbon and no other awards or badges.

6.  On 20 November 2002, the applicant was honorably discharged prior to the completion of his required service.  Item 12f (Foreign Service) of his DD Form 214 shows he completed no foreign service.  Item 18 (Remarks) does not show any deployment.  His DD Form 214 shows he was awarded the Army Lapel Button, the National Defense Service Medal, and the Army Service Ribbon.

7.  Army Regulation 635-5 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.  In pertinent part, it states that for an active duty Soldier deployed to a foreign country, the statement, “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYMMDD – YYYMMDD)” will be entered in item 18.

8.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the GWOTEM for Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for                   60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a)  be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for                  30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  

9.  Initial award of the GWOTEM was limited to Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following areas of eligibility (AOE):  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 east 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.

10.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the GWOTSM.  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 GWOTEM 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.  

11.  Soldiers may receive both the GWOTSM and the GWOTEM 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.

12.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or                  60 nonconsecutive days.  The following Southwest Asia operations were eligible for award of the AFEM during the period the applicant was deployed to Kuwait:  Operation Southern Watch, Maritime Intercept Operation, Operation Northern Watch, and Operation Desert Spring.

13.  Army Regulation 600-8-22 shows that the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

14.  Army Regulation 600-8-22 shows that the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

15.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.
DISCUSSION AND CONCLUSIONS:

1.  Records at DFAS confirm that the applicant was deployed to Kuwait, and      his AAM citation indicates that his specific dates of deployment were from         14 November 2001 through 4 April 2002.  Item 12f of his DD Form 214 should be amended to reflect 4 months and 21 days (not 6 months) of foreign service.  Item 18 should be amended to reflect this deployment to Kuwait.

2.  The applicant was awarded the AAM, and he met the eligibility criteria for award of the GWOTEM and the GWOTSM.  These awards should be added to his DD Form 214.

3.  The evidence of record and the evidence provided by the applicant show he deployed to Kuwait in support of Operation Enduring Freedom.  Service in that operation is not listed as being eligible for award of the AFEM.  The two Kuwait Liberation Medals were awarded for service during the first Persian Gulf War, and the applicant did not enlist until several years after the eligibility period for those awards ended.  

4.  There is no evidence of record and the applicant provided none to show he was awarded any marksmanship badges.  There is no evidence to show he is eligible for any other award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__slp ___  __pms___  ___lcb __  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:

     a.  amending item 12f of his DD Form 214 to show he served 4 months and 21 days of foreign service; 

     b.  amending item 18 of his DD Form 214 to add, “SERVICE IN KUWAIT FROM 14 NOVEMBER 2001 THROUGH 4 APRIL 2002”; and

     c.  adding the Army Achievement Medal, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal to his DD Form 214.

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 adding the Armed Forces Expeditionary Medal, the Kuwait Liberation Medal, any marksmanship badge, or any other awards to his DD Form 214 or to show he served 6 months of foreign service.  




_______ Shirley L. Powell ___
          CHAIRPERSON




INDEX

CASE ID
AR2007008197
SUFFIX

RECON

DATE BOARDED
20080129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.04
2.
100.00
3.
107.00
4.

5.

6.