IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080013443
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 his record be corrected by documenting his service in Kuwait and by awarding him the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states, in effect, that while serving at Fort Hood, Texas, he was deployed to Kuwait in support of Operation Enduring Freedom.
3. The applicant provides a self-authored statement and his separation document (DD Form 214) in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows that he enlisted in the Regular Army on 14 June 1984. His record shows that he was promoted to the rank of staff sergeant on 1 June 1995, and that this is the highest rank he held while serving on active duty. His record also includes an award certificate that confirms he was awarded the Army Achievement Medal (AAM) for meritorious service while deployed to Kuwait from 10 August through 19 December 2001.
3. A review of the applicants Defense Finance and Accounting Service (DFAS) pay record confirms the applicant served in Kuwait from 10 August through 19 December 2001.
4. On 30 November 2004, the applicant was honorably released from active duty (REFRAD) for the purpose of retirement. The DD Form 214 he was issued at the time shows he completed a total of 20 years, 5 months, and 17 days of active military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure: Meritorious Service Medal; Army Commendation Medal (5th Award); Army Achievement Medal (6th Award); Joint Meritorious Unit Award; Army Superior Unit Award (2nd Award); Global War on Terrorism Service Medal; Army Good Conduct Medal (6th Award); National Defense Service Medal (2nd Award); Armed Forces Expeditionary Medal (2nd Award); Humanitarian Service Medal; Armed Forces Service Medal; Korea Defense Service Medal; Noncommissioned Officers Professional Development Ribbon with Numeral 2; Army Service Ribbon; Overseas Service Ribbon (3rd Award); North Atlantic Treaty Organization Medal; Expert Marksmanship Qualification Badge with Rifle, Pistol and Grenade Bars; Marksman Marksmanship Qualification Badge with Pistol, Small Bore Bar; and United States Army Gold Recruiter Badge. The GWOTEM is not included in the list of awards in Item 13 and Item 18 (Remarks) is void of any entry regarding deployed service in Kuwait.
5. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 2-18 contains guidance on award of the GWOTEM. It states, in pertinent part, that it is authorized to members deployed abroad for service in the Global War on Terror (GWOT) operations in an area of expedition (AOE) for 30 consecutive or 60 non-consecutive days on or after 11 September 2001. Kuwait is identified as an authorized AOE.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers and contains instructions for preparing of the DD Form 214. The instructions for Item 18 state, in pertinent part, that the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to Item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD form 214.
DISCUSSION AND CONCLUSIONS:
The applicants contentions that his record and separation document should be corrected to document his deployed service in Kuwait and his entitlement to the GWOTEM were carefully considered and found to have merit. The evidence of record confirms the applicant was deployed to Kuwait and served there from 10 August through 19 December 1981, as evidenced by the AAM certificate on file and corroborated by the DFAS record. Based on this deployed service in an authorized AOE, the applicant is entitled to the GWOTEM. As a result, it would be appropriate to correct his record and separation document accordingly.
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 amending his DD Form 214 by adding the Global War on Terrorism Expeditionary Medal to Item 13 and the entry "SERVICE IN KUWAIT FROM 20010810-20011219"; and by providing him a correction to his separation document that reflects these changes.
___________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) AR20080013443
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ABCMR Record of Proceedings (cont) AR20080013443
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