IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080017582 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  correction of item 11 (Primary Specialty) to show military occupational specialty (MOS) 92A (Automated Logistical Specialist) instead of 52C (Utility Equipment Repairer); 

	b.  award of the Army Achievement Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Driver and Mechanic Badge, and the Southwest Asia Service Medal; and

	c.  correction of item 18 (Remarks) to show his service in Iraq from 3 March 2003 to 24 September 2003.

2.  The applicant states, in effect, that his DD Form 214 contains errors.

3.  The applicant provides a copy of his DD Form 214, dated 20 December 2003; a copy of DA Form 638 (Recommendation for Award), dated 25 July 2003, and a certificate, dated 26 July 2003, showing award of the Army Achievement Medal; and a copy of Permanent Orders 184-92, dated 3 July 2003, showing award of the Driver's Badge [Driver and Mechanic Badge].


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 records show he enlisted in the Regular Army for a period of 4 years on 23 September 1999.  He completed basic combat training at Fort Jackson, South Carolina, and advanced individual training at Fort Lee, Virginia, and was awarded MOS 92A.

3.  The applicant’s records also show that upon completion of MOS training, he served in Germany from 18 May 2000 through 20 December 2003.  He was assigned to A Company, 32nd Signal Battalion.

4.  The applicant’s records further show he was honorably separated on            20 December 2003 in the rank/grade of specialist/E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 4 years, 2 months, and 28 days of active federal service.

5.  Item 11 of the applicant’s DD Form 214 shows the entry "52C1O."

6.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 3 years, 7 months, and 2 days of foreign service.

7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Good Conduct Medal, the National Defense Service Medal, and the Army Service Ribbon.

8.  Item 18 (Remarks) of the applicant's DD Form 214 does not list any service in a hostile fire pay/imminent danger pay (HFP/IDP) area.

9.  Headquarters, 32nd Signal Battalion, Darmstadt, Germany, Permanent Order Number 207-04, dated 26 July 2003, shows the applicant was awarded the Army Achievement Medal for meritorious service from 19 May 2000 to 15 March 2004.

10.  Headquarters, 32nd Signal Battalion, Permanent Orders 184-92, dated 3 July 2003, show the applicant was awarded the Driver’s Badge [Driver and Mechanic Badge] for successful completion of 12 months of driving without any accident from 1 June 2002 to 1 July 2003.

11.  An electronic mail message from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 2 December 2008, confirms that the applicant received HFP/IDP for service in Kuwait from 1 March 2003 to 30 September 2003.

12.  HFP/IDP is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

13.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  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:

	a.  initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, or Iraqi Freedom; or

	b.  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 non-consecutive days are authorized the GWOTSM.

14.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the GWOT operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  The GWOTEM may be awarded posthumously.  Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:

	a.  be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE;

	b.  is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time; or 

	c.  service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 non-consecutive day requirement.

15.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal.  The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaigns (12 April 1991 to 30 November 1995).
16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  It also states, in pertinent part, that item 11 of the DD Form 214 shows the primary specialty held by the member at the time of separation and that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

17.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

18.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Achievement Medal and the Driver and Mechanic Badge which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The applicant’s records show he served on active duty from 23 September 1999 through 20 December 2003.  Therefore, he completed a period of service that qualifies him for award of the GWOTSM and is entitled to correction of his records to show this award.

3.  The applicant’s contention that he served in Iraq from 3 March 2003 to 24 September 2003 is consistent with his pay records at DFAS and qualifies him for award of the GWOTEM; therefore, he is entitled to correction of his records to show this award.  Furthermore, he is also entitled to correction of his DD Form 214 to show his service in Iraq in support of Operation Iraqi Freedom.

4.  The evidence of record shows that the applicant was trained in and held MOS 92A.  Although he may have performed duties in MOS 52C, there is no evidence in his records that he was formally trained in or awarded this MOS.  Therefore, he is entitled to correction of his DD Form 214 to show his primary specialty as that of 92A.

5.  The evidence of record shows the applicant completed an overseas tour in Germany from 18 May 2000 through 20 December 2003, which includes a 6-month period in Iraq, which qualifies for award of the Overseas Service Ribbon and correction of his records to show this award.

6.  With respect to award of the Southwest Asia Service Medal, there is no evidence in the applicant’s records that he participated in Operations Desert Shield/Desert Storm in the designated area during the period 2 August 1990 through 30 November 1995.  Therefore, there is insufficient evidence to award the applicant the Southwest Asia Service Medal in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "52C1O Utility Equipment Operator" from item 11 of the applicant’s DD Form 214 and adding the entry "92A1O Automated Logistical Specialist";

	b.  adding the Army Achievement Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Driver and Mechanic Badge, and the Overseas Service Ribbon to item 14 of the applicant’s DD Form 214; and

	c.  adding the entry "Service in support of Operation Iraqi Freedom (Kuwait/Iraq) from 3 March 2003 to 24 September 2003" to item 18 of his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Southwest Asia Service Medal.


															XXX
      _________________________
                 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)                                         AR20080017582



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