IN THE CASE OF:	

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080006465 


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: 

	a.  Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Hungary/Croatia (SFOR7) in 2000; Egypt in 2001; Guantanamo Bay in 2002; and Iraq in 2003; and

	b.  all awards and decorations to which he is entitled.

2.  The applicant states, in effect, that this information was not annotated on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214; copies of his temporary change of station orders to Hungary, Egypt, Guantanamo Bay, and Iraq; copies of his Noncommissioned Officer Evaluation Reports (NCOERs); and a copy of his award certificate for the NATO Medal.

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 served in the Regular Army from 10 February 1999 through
9 February 2004.   He was trained in, awarded, and served in military occupational specialty (MOS) 31B (Military Police).  He attained the grade of sergeant/E-5.  

3.  The applicant provided copies of his temporary change of station orders to  Egypt, Guantanamo Bay, and Iraq.  However, none of these orders show the inclusive dates of his assignment to these locations.

4.  The applicant provided a copy of his NATO Medal Award Certificate.  It shows the applicant was awarded the NATO Medal for service with NATO on operations in relation to the Former Yugoslavia during the period 16 March – 16 September 2000.  

5.  A review of the applicant's NCOER’s for the periods August 2002 - July 2003 and August 2008 – December 2003 show that he was deployed for Operation Iraqi Freedom.  His NCOER for the period April 2002 through July 2002 shows he was deployed to Cuba.  The specific dates of assignment are not shown on these documents.

6.  In processing this case, the applicant's official record maintained on the Integrated Personnel Electronic Records Management System (iPerms) was searched in an attempt to find the specific dates of his assignments to Egypt, Guantanamo Bay, and Iraq.  However, the dates were not available.

7.  Army Regulation 600-8-22 (Military Awards) states that 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. 

8.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraqi Campaign Medal (ICM) must have served in direct support of Operation IRAQI FREEDOM (OIF).  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 ICM 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. 

9.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5).  Item 18 (Remarks) lists the name of the country to which deployed and the inclusive dates of service in the country.  Each entry is verified by the individual's service record. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's NATO Medal Award Certificate shows he served in Hungary from 16 March – 16 September 2000.  His temporary change of station orders for Tazar, Hungary had an effective reporting date of on or about 13 March 2000.  Therefore, there is sufficient evidence to show the applicant served in Hungary from 16 March – 16 September 2000 and that he received the NATO Medal.  

2.  The inclusive dates for the applicant's service in Egypt, Guantanamo Bay, and Iraq are not available at this time.  Therefore, there is insufficient evidence to include this service in Item 18 of his DD Form 214.  Should the applicant obtain additional evidence of his inclusive dates of service in Egypt, Guantanamo Bay, and Iraq, he may resubmit his application with the supporting evidence.

3.  The applicant had a qualifying period of service for award of the GWOTSM.  Therefore, he is entitled to have his record corrected to show this award.

4.  The applicant had a qualifying period of service for award of the ICM as shown by his NCOERs.  Therefore, he is entitled to award of the ICM and to have his record corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ___X___  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.  adding the statement "SERVICE IN TAZAR, HUNGARY (SFOR7) FROM
20000316 – 20000916" in Item 18 (Remarks) of the applicant's DD Form 214;

	b.  adding the already-awarded NATO Medal to the applicant's DD Form 214;

	c.  awarding the GWOTSM and correcting his record to show this award; and

	d.  awarding the ICM and correcting his record to show this award.

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 including the applicant's service in Egypt, Guantanamo Bay, and Iraq in Item 18 of his DD Form 214. 




      _______ _ 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)                                         AR20080006465



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ABCMR Record of Proceedings (cont)                                         AR20080006465



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