RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 November 2007
	DOCKET NUMBER:  AR20070009260 


	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. Barbara J. Ellis

Chairperson

Mr. Jose A. Martinez

Member

Mr. Chester A. Damian

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 deployed to Iraq twice and to add the Armed Forces Reserve Medal (AFRM) and the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states that his transition office did not know how or did not have the updates needed to correct his DD Form 214.

3.  The applicant provides his DD Form 214 and a DD Form 214 Worksheet.

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 31 January 2000.  He completed basic training and advanced individual training and was awarded military occupational specialty 31R (Multichannel Transmission Systems Operator/Maintainer).

3.  The applicant’s Enlisted Record Brief shows he was stationed in Kuwait from 3 December 2001 to on or about 3 January 2003.  His DA Form 2-1 (Personnel Qualification Record) shows that he was assigned to the 385th Signal Company, Camp Doha, Kuwait from 3 December 2001 through 26 November 2002 and that he served in an imminent danger pay area.

4.  Records at the Defense Finance and Accounting Service (DFAS) show that the applicant was in Kuwait from February 2003 through November 2003.  

5.  The applicant was released from active duty on 30 January 2004.  Item        13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded     or Authorized) of his DD Form 214 shows he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal (2d award), the Army Service Ribbon, the Overseas Service Ribbon, and the Driver and Mechanic Badge with Driver-W bar.

6.  The applicant’s DD Form 214 Worksheet had indicated that he was eligible for award of the GWOTEM, the AFRM with “M” device, and the National Defense Service Medal.  It also indicated he had entered the theater on 20 February 2003 and left the theater on 13 November 2003.

7.  Item 18 (Remarks) of the applicant’s DD Form 214 shows he served in Southwest Asia from 18 February 2003 through 10 November 2003.

8.  The applicant enlisted in the Army National Guard effective 31 January 2004.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the AFRM  for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of  10 years.  The “M” Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

10.  Army Regulation 600-8-22 provides 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.  Initial award of the GWOTEM was limited to Soldiers who deployed abroad in Operations Enduring Freedom and Iraqi Freedom in specified areas of eligibility to include Kuwait. 

11.  Army Regulation 600-8-22 provides for award of the Global War on Terrorism Service Medal (GWOTSM) 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.  

12.  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.

13.  Army Regulation 600-8-22 provides for award of the National Defense Service Medal for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended that he deployed to Iraq twice; however, the available evidence of record confirms only that he served in Kuwait twice.  Service in Kuwait from 3 December 2001 through 26 November 2002 and from    20 February 2003 through 13 November 2003 appears to be the most verifiable dates of service.  In the absence of evidence to show he deployed to Iraq, item 18 of his DD Form 214 should be corrected to show his two deployments to Kuwait.  

2.  There are errors on the applicant’s DD Form 214 in regard to his awards.  His deployments to Kuwait made him eligible to receive the GWOTEM and the GWOTSM and these awards should be added to his DD Form 214.  However, he was a Regular Army Soldier, not a Reserve Component Soldier, and therefore he did not meet the eligibility criteria for award of the AFRM.  It is also noted that he was only eligible for one award of the National Defense Service Medal, not two awards, although he did not request correction of that error.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__bje____  __jam___  __cad___  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 18 of his DD Form 214 to delete reference to service in Southwest Asia and entering “Service in Kuwait 20011203 – 20021126” and “Service in Kuwait 20030220 – 20031113”; and

     b.  amending item 13 of his DD Form 214 to add the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.
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 showing he deployed to Iraq or to adding the Armed Forces Reserve Medal. 




__Barbara J. Ellis____
          CHAIRPERSON




INDEX

CASE ID
AR20070009260
SUFFIX

RECON

DATE BOARDED
20071108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.04
2.
110.00
3.
107.0076
4.

5.

6.