IN THE CASE OF:	  

		BOARD DATE:	  23 April 2009

		DOCKET NUMBER:  AR20080018900 


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 overseas service and any awards he may be entitled to be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that his DD Form 214 was not correct upon his discharge.  It does not show any of his overseas service or any awards or citations.  These were omitted.  He adds that he was under stop-loss three different times.  When the opportunity finally presented itself to leave, he spent three days trying to get out-processed before he was stop-lossed again.  He was told he would have to wait to fix his DD Form 214.  That to him was not an option.  He tried to contact his unit but they were deployed, then the unit moved.

3.  In support of his request, the applicant provides a copy of his DD Form 214, with an effective date of release from active duty of 30 November 2003, a copy of his pre-deployment health assessment and his post-deployment health assessment, a copy of a certificate for the Army Achievement Medal he was awarded, and a collection of photographs of what appear to be Soldiers at various locations and involved in a variety of activities.

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 Delayed Entry Program (DEP) on 4 May 2000.  The applicant was discharged from the DEP on 21 May 2000 and he enlisted in the Regular Army on 22 May 2000.  He continued to serve until
30 November 2003.  The applicant was retained in service for 193 days beyond his normal expiration of term of service for the convenience of the Government.  Upon his release from active duty (REFRAD) he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry 0000 Years / 00 Months / 00 days. 

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service) of the applicant's DD Form 214 shows he earned the Army Lapel Button, National Defense Service Medal, and the Army Service Ribbon.  No other awards or unit citations are shown.

5.  Item 18 (Remarks) of the applicant's DD Form 214 is void of any entries indicating he was deployed and served in Southwest Asia.

6.  Section D (Overseas Service) of the applicant's Enlisted Record Brief (ERB), dated 22 October 2001, is blank.  The applicant was not given credit for completion of any long or short overseas tours of duty up to the date of the ERB's publication.

7.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record, Part II) is blank and shows no overseas service.

8.  On 9 November 2001 the applicant went through pre-deployment processing.  A Pre-deployment Health Assessment was completed for the applicant on that date.


9.  On 17 March 2002 the applicant went through post-deployment processing.  A Post-deployment Health Assessment was completed for the applicant on that date.  The form that was completed shows the applicant arrived in the Southwest Asia (SWA) theater of operations on 21 November 2001 and departed from the theater on 4 April 2002.

10.  The applicant was awarded the Army Achievement Medal for meritorious achievement while he was deployed as a participant in Operation Enduring Freedom for the period 14 November 2001 through 4 April 2002 by Permanent Order Number 0089-023, Headquarters, 3rd Battalion, 82nd Field Artillery, dated 8 January 2002.  This award is not shown on the applicant's DD Form 214.

11.  There is no indication in the applicant's service record that he was awarded the Good Conduct Medal.  There also is no evidence of any disciplinary action or disqualification by his unit commander for award of the Good Conduct Medal.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

13.  Army Regulation 600-8-22 states, in pertinent part, 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 Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined.

The general area of eligibility (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.  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:

(1)  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;

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

(3)  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 nonconsecutive day requirement. 

14.  Army Regulation 600-8-22 states, in pertinent part, 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 GWOT operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 

   a.  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. 

   b.  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:  

   (1)  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, and IRAQI FREEDOM; or

		(2)  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. 

c.  Service members may be awarded both the GWOTEM and the GWOTSM if 
they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.

15.  Army Regulation 635-5 (Personnel Separations - 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 establishes standardized policy for preparing and distributing the DD Form 214.  The edition of this regulation in effect on the date of the applicant's release from active duty specified that, total active duty outside continental limits of the United States for the period covered by the DD Form 214 would be 
entered in Item 12f.  The regulation also states that the amount of foreign service will be taken from the Soldier's Enlisted Qualification Record or, if necessary, verified from the Soldier's Military Personnel Records Jacket.  For active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates, for example, YYYYMMDD-YYYYMMDD) will be entered in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in SWA in support of Operation Enduring Freedom for the period 14 November 2001 through 4 April 2002.  He is entitled to correction of Item 12f, of his DD Form 214, to show he served 4 months and 21 days of foreign service.  The applicant is also entitled to correction of Item 18 to add the following deployment entry:  "SERVICE IN SOUTHWEST ASIA FROM 20011114 - 20020404."

2.  As a result of the applicant's service in Southwest Asia in support of Operation Enduring Freedom he is entitled to award of the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal and to have these awards added to his DD Form 214.

3.  The applicant was awarded the Army Achievement Medal for meritorious achievement while he was deployed in support of Operation Enduring Freedom.  This award is not shown on the applicant's DD Form 214.  He is entitled to have this award added to his DD Form 214 at this time.

4.  The evidence of record shows the applicant met the service criteria for award of the Good Conduct Medal during the period from 22 May 2000 to 21 May 2003.  There is no evidence in the applicant's record which shows he was disqualified by his unit commander, or commanders, for award of the Good Conduct Medal.  The applicant is therefore entitled to award of the Good Conduct Medal and to have it added to 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.  deleting from item 12f of the applicant's DD Form 214 the entry
"0000 00 00 and replacing it with the entry "0000 04 21";

	b.  awarding the applicant the Army Good Conduct Medal for the period from 22 May 2000 to 21 May 2003;

	c.  adding to item 13 of the applicant's DD Form 214 the Army Achievement Medal, Army Good Conduct Medal, Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal; and

	d.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 20011114 - 20020404."



      _________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)                                         AR20080018900



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ABCMR Record of Proceedings (cont)                                         AR20080018900



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