IN THE CASE OF:	  

		BOARD DATE:	  5 August 2008

		DOCKET NUMBER:  AR20080006823 


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 separation document (DD Form 214) be corrected to show his service in support of Operation Enduring Freedom and Iraqi Freedom.  He also requests the award of the Global War on Terrorism Expeditionary Service Medal and any other awards.

2.  The applicant states, in effect, that he does not know what the error is, but he includes his orders for the War and the proof for his award of the Global War on Terrorism Expeditionary Service Medal to his records.  His DD Form 214 does not reflect his service in support of Operation Enduring Freedom and Iraqi Freedom. He was told that the War wasn't over, so that is why it is not on his DD Form 214.

3.  The applicant provides a copy of a 293 (Application for the Review of Discharge from the Armed Forces of the United States) and DD form 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.  The applicant's military personnel record shows he enlisted in the Regular Army on 8 August 2000.  He completed the necessary training and was awarded the military occupational specialty (MOS) 52D (Power Generator Equipment Repairman).

3.  The applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri, on  
20 December 2003.  He completed 3 years, 4 months, and 13 days of Net Active Service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal and the Army Service Medal.  However, it does not show the award of the Global War on Terrorism Expeditionary Service Medal or any other awards.

5.  Item 12f (Foreign Service) of his DD Form 214 does not contain any entry for foreign service.

6.  Item 18 (Remarks) of his DD Form 214 does not show any entry for foreign service.

7.  In the processing of this case a Board staff member contacted the Defense Finance and Accounting Service (DFAS) to verify the applicant's service in Saudi Arabia.  DFAS researched and found that the applicant drew Hostile Fire Pay for the period 1 June 2001 to 31 October 2001 for Saudi Arabia.

8.  A Department of the Army Certificate of Award shows that the applicant was awarded the Army Achievement Medal by Headquarters, Task Force,  
1st Battalion, 7th Air Defense Artillery, Permanent Orders Number 203-03, dated 22 July 2001, for exceptionally meritorious achievement as an Alpha Battery,  
2nd Battalion, 200th Air Defense Artillery, Generator Mechanic during the period of 25 June 2001 to 16 July 2001.

9.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  (1) Initial award of the Global War on Terrorism Service Medal is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or (2)  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 the Global War on Terrorism Service Medal.

10.  Department of the Army, headquarters, 1st Battalion (Patriot), 7th Air Defense Artillery, Permanent Orders Number 227-07, dated 19 August  
2002 shows that the applicant was awarded the Mechanic's Badges (Wheeled) for the period of 15 August 2001 to 15 August 2002.

11.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that Soldiers on active duty deployed to a foreign country with his or her unit during their continuous period of active service enter in Item 18 of the DD Form 214 the appropriate entry "Service in (Name of the country deployed) From (inclusive dates YYYYMMDD - YYYYMMDD)."

12.  Army Regulation 635-5, then in effect, 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 will be entered in item 12f of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in support of Operation Enduring Freedom and Iraqi Freedom.  He also contends that he should be awarded the Global War on Terrorism Service Medal and any other awards.

2.  In the processing of the case it was determined by DFAS that the applicant had drawn Hostile Fire Pay for the period of 1 June 2001 to 31 October 2001 for Saudi Arabia.  Therefore, it is reasonable to conclude that the applicant served in Saudi Arabia during the period of 1 June 2001 to 31 October 2001.  As such, he is entitled to correction of his records to show in Item 18 of his DD Form  
214 Service in Saudi Arabia 20010601 – 20011031.

3.  Since the applicant served in Saudi Arabia from 1 June 2001 to 31 October 2001, he is entitled to correction of his records to show 0000 05 00 (no years,  
5 months, no days) in Item 12f of his DD Form 214.

4.  Department of the Army Certificate of Award, Permanent Orders Number  
203-03, dated 22 July 2001 shows the applicant was awarded the Army Achievement Medal.  Therefore, he is entitled to correction of his records to show the Army Achievement Medal in Item 13 of his DD Form 214.

5.  Permanent Orders Number 227-07, dated 19 August 2002 shows that the applicant was awarded the Mechanic's Badges (Wheeled).  Therefore, he is entitled to correction of his records to show the Mechanic's Badges (Wheeled) in Item 13 of his DD Form 214.

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 showing:  service in Saudi Arabia 20010601 – 20011031 in Item 18 of his 
DD Form 214; 0000 05 00 in Item 12f of his DD Form 214; and the Army Achievement Medal, Global War on Terrorism Service Medal, and Mechanic's Badge (Wheeled) in Item 13 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)                                         AR20080006823



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ABCMR Record of Proceedings (cont)                                         AR20080006823



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