IN THE CASE OF:	  

		BOARD DATE:	  13 November 2008

		DOCKET NUMBER:  AR20080014561 


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 deployment to Kuwait and recognition be annotated on his separation document (DD Form 214).  

2.  The applicant states, in effect, that he was informed by the Department of Veterans Affairs (VA) that he needs to have his DD Form 214 corrected to show his deployment to Kuwait in support of Operation Enduring Freedom (OEF).

3.  The applicant provides the following documents in support of his application:  DD Form 214; Enlisted Record Brief (ERB); Post-Deployment Health Assessment (DD Form 2796); Headquarters, V Corps Orders Number 37-01, dated 6 February 2003; Recommendation for Award (DA Form 638); Army Commendation Medal (ARCOM) Certificate; and Request and Authority for Leave (DA Form 31).

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted into the Regular Army and entered active duty on 15 May 2002.  It also shows he was trained in, awarded and served in military occupational specialty (MOS) 92F (Petroleum Supply Specialist) and that the highest rank he attained while serving on active duty was specialist (SPC).


2.  On 14 May 2005, the applicant was honorably released from active duty (REFRAD) by reason of completion of required active service.  The DD Form 214 issued to him at the time shows he completed a total 3 years of active military service.  

3.  Item 8a (Last Duty Assignment and Major Command) of the applicant’s 
DD Form 214 shows his organization as Headquarters and Headquarters Company (HHC), 5th Battalion, 158th Aviation Regiment, and Item 12f 
(Foreign Service) shows he completed 2 years, 6 months, and 20 days of overseas service during the period covered by the separation document 
(15 May 2002-14 May 2005).  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his tenure on active duty:  National Defense Service Medal; 
Army Lapel Button; Global War On Terrorism Service Medal; Army Service Ribbon; and Oversea Service Ribbon.

4.  The applicant provides Headquarters V Corps Orders Number 37-01, dated 
February 2003.  These orders directed the deployment of the applicant's unit to Kuwait in support of OEF on or about 5 February 2003.  He also provides a Recommendation for Award (DA Form 638) and ARCOM Certificate, which show he was awarded the ARCOM for his exceptionally meritorious service while serving in support of Operation Iraqi Freedom (OIF) in Kuwait and Iraq during the period 19 March 2003 through 1 November 2003. 

5.  A review of the Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile file pay /imminent danger pay (IHFP/IDP) for Kuwait during the period February 2003 through February 2004.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the OMPF.

7.  Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completion of Item 18 (Remarks) state, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."


8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-18 contains guidance on award of the Global War on Terrorism Expeditionary Medal (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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his service in Kuwait in support of OEF was carefully considered and found to have merit.  The evidence of record confirms he served in Kuwait from 19 March through 1 November 2003, as evidenced by the ARCOM award recommendation and certificate on file in his record, which is corroborated by the DFAS pay record that verifies that the received HFP/IDP during this period.  As a result, it would be appropriate to add the entry "SERVICE IN KUWAIT 200303191-20031101” to Item 18 of his separation document at this time.  

2.  By regulation, the GWOTEM is authorized to members who served in Kuwait during the period 11 September 2001 to a date to be determined.  Therefore, the applicant is also entitled to this award based on his service in Kuwait and it should be added to his record and separation document at this time. 

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 adding the Global War on Terrorism Expeditionary Medal to Item 13 and adding the entry "SERVICE IN KUWAIT 20030319-20031101” to Item 18 of his 14 May 2005 DD Form 214; and by providing him a correction to his separation document that includes 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)                                         AR20080014561



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ABCMR Record of Proceedings (cont)                                         AR20080014561


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