IN THE CASE OF:	

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080006996 


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, in effect, that he be awarded the GWOTSM (Global War on Terrorism Service Medal) and the GWOTEM (Global War on Terrorism Expeditionary Medal) for his time in Iraq in support OIF (Operation Iraqi Freedom) and any additional awards that he is not aware of.  He also requests correction of his records to show his military schools.

2.  The applicant states, in effect, that the PERSTEMPO (Personnel Tempo –Service Member Deployment History Outprocessing Verification) incorrectly said US instead of Iraq.  He served in Kuwait from 14 February 2003 to 24 March 2003 and in Iraq from 24 March 2003 to 5 September 2003 and he was no longer in the service when the unit awards were given.

3.  The applicant provides a copy of his PERSTEMPO, deployment history verification; a copy of his DD Form 214 and a copy of his diploma, for completion of the airborne course, in support of his request.

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 record shows he enlisted in the Regular Army on 23 October 2001.  He was trained in military occupational specialty (MOS), 11B, as an Infantryman.  He served until he was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.

3.  The applicant's DD Form 214 shows he was awarded the Army Service Ribbon; the Expert Marksmanship Qualification Badge, with Rifle Bar; the Combat Infantryman Badge; and the Parachutist Badge.  His DD Form 214 does not show any additional awards.

4.  Item 18 (Remarks), of the applicant's DD Form 214, shows that the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF) and served in Kuwait  from 24 March 2003 to 28 April 2003.  

5.  The applicant provided a copy of his PERSTEMPO deployment history verification which shows his unit was deployed to Iraq from 14 February 2003 to 5 September 2003, for a total of 203 days.

6.  Item 14 (Military Education), of his DD Form 214, shows the entry, "NONE." 

7.  Item 17 (Civilian Education and Military Schools), of his DA Form 2-1 (Personnel Qualification Record-Part ll), is blank.

8.  The applicant provided a copy of a diploma from the United States Army Infantry School which shows that he successfully completed the Airborne Course given at Fort Benning, Georgia, on 29 March 2002.

9.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  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 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.  

10.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Expeditionary Medal 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.  The message also states that under no condition will any Soldier in the United States receive this award. 

11.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded 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.

12.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that item 14 (Military Education) will list formal, in service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was ordered to active duty in support of OEF and served in Kuwait from 24 March 2003 to 28 April 2003 and his PERSTEMPO deployment history verification shows that he served in Iraq in support of OIF during the period 14 February 2003 to 5 September 2003.  He is therefore eligible for award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal and to have these awards added to his DD Form 214.

2.  The evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.
3.  The evidence of record shows that the applicant completed the Airborne Course, at Fort Benning, Georgia, on 29 March 2002, which is 3 weeks in length. Therefore, he is entitled to correction of item 14, of his DD Form 214, to show this course.

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 awarding the applicant the Global War on Terrorism Service Medal; the Global War on Terrorism Expeditionary Medal; the National Defense Service Medal, and adding these awards to item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, and showing the entry "Airborne Course, 3 Weeks, March 2002" in item 4 (Military Education), 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)                                         AR20080006996



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ABCMR Record of Proceedings (cont)                                         AR20080006996



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