IN THE CASE OF:	

		BOARD DATE:	4August 2009  

		DOCKET NUMBER:  AR20090001946 


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) be corrected to show his deployment to Saudi Arabia, foreign service for 8 months and 28 days, award of the Global War on Terrorism Expeditionary Medal (GWOTEM), and the addition of his service in Saudi Arabia in the Remarks section.

2.  The applicant states he deployed to Saudi Arabia and he was not credited with the service or awards at the time of his separation from the military.  

3.  The applicant provides, in support of his request, a Memorandum for Record (MFR), dated 21 January 2009, from the officer who identifies himself as the applicant's former battery commander; and "Member Copy - 1" of his DD 214. 

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.  After having had prior service, the applicant enlisted in the Regular Army (RA) on 5 May 2000 and completed training as a chemical operations specialist.  

3.  Headquarters, U.S. Army Central Command - Saudi Arabia, Permanent Orders Number 043-1, dated 12 February 2003, awarded the applicant the Army Commendation Medal for meritorious service during the period 11 August 2000 to 14 May 2003.

4.  The applicant's DA Forms 2166-6 (NCO [Noncommissioned Officer] Evaluation Report (NCOER)) contained in his Official Military Personnel File (OMPF) for the periods May 2001 through October 2003 do not mention any deployment dates or locations.  

5.  The applicant was separated as a sergeant (SGT)/E-5 on 30 November 2003. Block 12f (Record of Service - Foreign Service) of the applicant's DD Form 214 shows the entry 0 year(s), 0 month(s), and 0 day(s).  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows his awards as the Army Good Conduct Medal, Marine Corps Good Conduct Medal, National Defense Service Medal (2nd Award), Army Service Ribbon, and Overseas Service Ribbon.  Block 18 (Remarks) does not reflect any foreign service.

6.  The 21 January 2009 MFR submitted by the applicant shows it was signed by the officer who also signed the applicant's January 2003 through October 2003 NCOER as the company commander and senior rater.  It states the applicant was deployed as follows:

	a.  from 26 August  2002 - 18 March 2003 to Saudi Arabia in support of Operation Desert Spring [the ongoing defense of Kuwait];

	b.  from 19 March - 1 May 2003 to Saudi Arabia in support of Operation Iraqi Freedom; and

	c.  from 2 May - 23 May 2003 to Kuwait/Iraq to turn in equipment and to await transportation back to Fort Bliss, Texas.       



7.  The Defense Finance and Accounting Service (DFAS) reports that the applicant's disbursing records show he served in a combat zone receiving hostile 
fire pay for the period 1 August 2002 – 31 May 2003 in Saudi Arabia.

8.  Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214.  It 
provides block-by-block instructions for completing the DD Form 214 as follows:

   a.  for block 12, use caution and extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It provides for the total amount of foreign service during the period covered by the DD Form 214 to be entered in block 12f;

	b.  for block 13, list awards and decorations for all periods of service in the priority sequence in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records; and 

   c.  for block 18, use this block for Headquarters Department of the Army requirements when a separate block is not available.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates from of Country Deployed) from (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

9.  Army Regulation 600-8-22 states:
   
   a.  the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or
11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.

   
   
   b.  the Global War on Terrorism Expeditionary Medal (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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  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, or meet one of the following criteria:

   (1)  be engaged in actual combat against the enemy and under 
circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE,

   (2)  is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or 

   (3) service members participating as a regularly assigned air crew 
member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement.
   
10.  Army Regulation 600-8-22 also states that 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.

11.  Army Regulation 600-8-22 further states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all land area of the country of Iraq, and the 

contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. 
Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain 
qualified for that 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.  No service member will be entitled to both medals for the same act, achievement or period of service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:

   (1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties,

   (2)  is wounded or injured and requires medical evacuation from the area of eligibility, or
 
   (3)  while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility. 

12.  Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 

13.  Army Human Resources Command (AHRC) Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability, and standards on awarding and wear of service stars on the Iraq Campaign Medal.  It states, in pertinent part, that one bronze service star will be worn on the Iraq Campaign Medal for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

   a.  Liberation of Iraq/19 Mar 2003 - 1 May 2003;

b.  Transition of Iraq/2 May 2003 - 28 Jun 2004;

c.  Iraq Governance/29 Jun 2004 - 15 Dec 2005; and 

d.  National Resolution/16 Dec 2005 – Date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Iraq, along with all authorized awards based on his foreign service.

2.  The applicant's former battery commander states that the applicant was deployed to Saudi Arabia from 26 August  2002 through 18 March 2003, in support of Operation Desert Spring; and to Saudi Arabia from 19 March through
1 May and Kuwait from 2 May through 23 May 2003 in support of Operation Iraqi Freedom.  DFAS confirms that the applicant received hostile fire pay for the period 1 August 2002 through May 2003.  Therefore, block 18 of his DD Form 214 should show these deployments.  The period 26 August 2002 through
23 May 2003 equates to 8 months and 28 days.  Therefore, this foreign service should be shown in block 12f of the applicant's DD Form 214.

4.  Permanent Orders Number 043-1, dated 12 February 2003, awarded him the Army Commendation Medal for meritorious service during the period 11 August 2000 to 14 May 2003.  Therefore, the applicant's DD Form 214 should be corrected to show this award.

5.  The applicant was on active duty and is qualified for award of the Global War on Terrorism Service Medal.  Therefore, the applicant's DD Form 214 should be corrected to show this award.

6.  The applicant was deployed to Saudi Arabia from 26 August 2002 – 18 March 2003 in support of Operation Desert Spring.  Therefore, he qualifies for award of the Global War on Terrorism Expeditionary Medal and correction of his records to show this award.

   6.  The applicant was deployed to Saudi Arabia from 19 March through 1 May 2003 and to Kuwait from 2 May through 23 May 2003 in support of Operation Iraqi Freedom.  He is also credited with participation in the Liberation of Iraq
(19 Mar 2003 - 1 May 2003) and the Transition of Iraq (2 May 2003 - 28 Jun 2004) campaign phases.  Therefore, he is entitled to the Iraq Campaign Medal with two bronze service stars and correction of his records to show 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:

	a.  deleting from block 12f of the applicant's DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 08 28";

   b.  adding to block 13 of the applicant's DD Form 214 the Army Commendation Medal, Iraq Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, and Global War on Terrorism Expeditionary Medal; and
   
   c.  adding to block 18 of the applicant's DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 20020826 - 20030501" and "SERVICE IN KUWAIT/IRAQ FROM 20030502 – 20030523."



      ___________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)                                         AR20090001946



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ABCMR Record of Proceedings (cont)                                         AR20090001946



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