IN THE CASE OF:	  

		BOARD DATE:	  21 January 2009

		DOCKET NUMBER:  AR20080016911 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 2003, be corrected to reflect his deployment to Saudi Arabia in support of Operation Iraqi Freedom (OIF), his award of the Legion of Merit (LOM), and all other awards to which he is entitled based on his service in support of OIF.

2.  The applicant states, in effect, that he is requesting his DD Form 214 be corrected to add his LOM, service in Saudi Arabia in support of OIF and all other awards he is entitled based on this service.  He states that he did not receive his LOM prior to out processing and therefore he was not able to provide the documents for correction of his DD Form 214. 

3.  The applicant provides the following documents in support of his application:  DD Form 214; DA Form 638 (Recommendation for Award); an LOM Certificate; a Memorandum for Record, Army Operations Security Detachment, 308th Military Intelligence Battalion, 902 Military Intelligence Group, dated 16 October 2006; and a DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel). 

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, and 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 that on 30 November 2003, he was honorably separated for the purpose of retirement.  The DD Form 214 issued to him at this time shows he completed a total 21 years and 29 days of active military service, and that he held the rank of master sergeant (MSG).  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards during his tenure on active duty:  Meritorious Service Medal, Army Commendation Medal (5th Award), Army Achievement Medal (3rd Award), Meritorious Unit Commendation, Army Good Conduct Medal (6th Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal (2nd Award), Southwest Asia Service Medal with 2 Bronze Service Stars, Noncommissioned Officers Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Kuwait Liberation Medal, Kuwait Liberation Medal (K), Expert Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Badge with Pistol Bar, Expert Marksmanship Qualification Badge with Grenade Bar, Parachutist Badge, and Driver and Mechanic Badge with Driver-W Bar

4.  A review of the Defense Finance and Accounting Service (DFAS) pay records confirm the applicant received hostile file pay/imminent danger pay (HFP/IDP) for Saudi Arabia during the period 1 March 2003 through 30 April 2003.  

5.  The applicant provides a DA Form 638 and an LOM Certificate which show he was awarded the LOM by Headquarters, United States Army Intelligence and Security Command (USAINSCOM), Fort Belvoir, Virginia, on Permanent Orders Number 274-1, dated 1 October 2003.

6.  The applicant also provides an Army Operations Security Detachment, 308th Military Intelligence Battalion, 902th Military Intelligence Group Memorandum for Record, dated 16 October 2006.  This document states that the applicant was deployed in support of OIF during the period 26 February 2003 through 21 April 2003.


7.  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.

8.  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)."

9.  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 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.  Saudi Arabia is identified as an authorized AOE.

10.  Paragraph 2-19 of the awards regulation contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states, in pertinent part, that it is authorized to members who have participated in the GWOT operations outside of the designated AOEs for the GWOTEM on or after 11 September 2001 to a future 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 the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the LOM should be added to his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the LOM by Headquarters, USAINSCOM, Permanent Orders Number 274-1, dated 1 October 2003.  Therefore, it would be appropriate to add this award to his record and separation document at this time.

2.  The applicant's contention that his DD Form 214 should be corrected to show his service in Saudi Arabia in support of OIF was carefully considered and found to have merit.  The evidence of record confirms he served in Saudi Arabia from 
26 February 2003 through 21 April 2003, as evidenced by the Memorandum of Record provided by the applicant's unit, which is corroborated by the DFAS pay record that verifies he received HFP/IDP during this period.  Although DFAS records show his HFP-IDP started on 1 March 2003, the unit Memorandum for Record showing his deployment began on 26 February 2003 is accepted as the more accurate document.  As a result, it would be appropriate to add the entry "SERVICE IN SAUDI ARABIA 20030226-20030421” to Item 18 of his separation document at this time.  

3.  The evidence of record further confirms that based on his service in Saudi Arabia in support of OIF during the period 26 February 2003 through 21 April 2003, the applicant is entitled to award of the to the GWOTSM and GWOTEM, which also 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 amending his 30 November 2003 DD Form 214 as follows:  
      
      a.  Item 13 - add the LOM, GWOTSM, and GWOTEM;

      b.  Item 18 - add the entry "SERVICE IN SAUDI ARABIA FROM 20030226-20030421"; and
      
      
c.  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)                                         AR20080016911



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ABCMR Record of Proceedings (cont)                                         AR20080016911



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