IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20080018558
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) to show his overseas service.
2. The applicant states that his DD Form 214 does not show his overseas duty.
3. The applicant provides, in support of his application, copies of his DD Form 214, unit mobilization orders, orders to active duty, reassignment orders, North Atlantic Treaty Organization (NATO) travel orders, and orders retaining him on active duty.
CONSIDERATION OF EVIDENCE:
1. On 1 June 2004, the applicant was ordered to active duty as a member of the Minnesota Army National Guard, in support of Operations Enduring Freedom and Iraqi Freedom, pursuant to Title 10, United States Code, Section 12302, and Executive Order 13223.
2. Permanent Orders 296-004, Fort Dix, New Jersey, dated 22 October 2004, show the applicant was ordered to report to the United States Central Command on 22 October 2004.
3. Defense Finance and Accounting Service (DFAS) records show the applicant served in Kuwait from 27 October 2004 to 13 January 2005 which equals
2 months and 16 days.
4. Orders 005-006, Headquarters, 1st Personnel Command, dated 5 January 2005, ordered the applicant to report to Medical Hold, Walter Reed Army Medical Center, Washington, DC. He was given a proceed date of 5 January 2005.
5. Orders A-05-712780, United States Army Human Resources Command, Alexandria, Virginia, dated 29 May 2007, retained the applicant on active duty for the purpose of completing medical care and treatment.
6. On 28 October 2007, the applicant was medically retired. He had completed 3 years, 4 months, and 28 days of creditable active service during this period.
7. Item 12f (Foreign Service) of the applicant's DD Form 214 does not indicate that he served any overseas service during this period of active duty. Item 18 (Remarks) does not contain a record of any overseas deployment.
8. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Armed Forces Reserve Medal with "M" Device.
9. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for an entry in item 12f of the total amount of foreign service completed during the current period of active duty. It further provides that item 18 (Remarks) will contain the following entries for Reserve Army Soldiers: "Ordered to active duty in support of [name of operation] per 10 USC (applicable section)"; "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"; and Soldier completed period for which ordered to active duty for the purpose of post-service benefits and entitlements."
10. Army Regulation 600-8-22 provides, in pertinent part, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should show his overseas service.
2. The available evidence clearly shows the applicant was ordered to active duty in support of Operations Enduring Freedom and Iraqi Freedom and he served in Kuwait for a period of 2 months and 16 days. Therefore, this overseas service should be entered on his DD Form 214.
3. Furthermore, the Remarks section of his DD Form 214 should be corrected to reflect that he was ordered to active duty, served in Kuwait, and completed his required service.
4. Records clearly show the applicant served a qualifying period for award of the Global War on Terrorism Expeditionary Medal. Therefore, this award should be shown on his DD Form 214.
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:
a. showing in Item 12f of his DD Form 214: 2 months and 16 days;
b. adding in Item 13 of his DD Form 214: Global War on Terrorism Expeditionary Medal; and
c. adding in Item 18 of his DD Form 214: "Ordered to active duty in support of Operation Enduring Freedom/Iraqi Freedom per 10 USC Section 12302, and Executive Order 13223"; "SERVICE IN KUWAIT FROM 20041027 - 20050113"; and "Soldier completed period for which ordered to active duty for purpose of post-service benefits and entitlements."
_______ _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) AR20080018558
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080018558
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