IN THE CASE OF:	  

		BOARD DATE:	       30 APRIL 2009

		DOCKET NUMBER:  AR20090000157 


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 additional awards pertaining to the Global War on Terrorism (GWOT) and Operation Enduring Freedom and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in military occupational specialty (MOS) 95B (Military Police) for 5 years and 3 months instead of 2 years and 8 months.

2.  The applicant states that his DD Form 214 contains administrative errors.  He adds that he intends to attend school for a law enforcement degree and that an accurate representation of his military experience would enhance his job opportunities.

3.  The applicant provides a copy of his DD Form 214 for the period ending 1 March 2003 in support of his request.

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 3 years on 8 August 1996.  He completed basic combat and advanced individual training and was awarded MOS 13M (Multiple Launch Rocket System Crewmember).  He was assigned to the 1st Battalion, 12th Field Artillery, Fort Sill, OK.

3.  On 2 March 1999, the applicant executed a 3-year reenlistment in the Regular Army.  Item 8 (Agreements) of his DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted for the Army Training Reenlistment Option-Class 830-95B-Military Police.  However, his records do not show the date he completed this course.

4.  On 30 March 2000, Detachment B, 4th Personnel Battalion, Fort Carson, CO, published Permanent Orders 090-9 awarding the applicant the Good Conduct Medal (1st Award).  The orders listed the applicant's unit of assignment as Headquarters and Headquarters Detachment, 759th Military Police Battalion, Fort Carson, CO.

5.  On 28 August 2002, Detachment C, 502nd Personnel Services Battalion, Fort Carson, CO, published Permanent Orders 240-57 awarding the applicant the Good Conduct Medal (2nd Award).  The orders listed the applicant's unit of assignment as the 59th Military Police Company, Fort Carson, CO.

6.  On 28 October 2002, Headquarters, 7th Infantry Division and Fort Carson, Fort Carson, CO, published Orders 301-0008 reassigning the applicant to the U.S. Army Transition Center and directing his separation effective 1 March 2003. 
The orders listed the applicant's unit as the 148th Military Police Detachment, Fort Carson, CO.

7.  The applicant's records show he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) effective 1 March 2003.  The DD Form 214 he was issued shows he completed 6 years, 6 months, and 24 days of creditable active military service.

8.  Item 11 (Primary Specialty) of the applicant's DD Form 214 shows he served in MOS 95B for 2 years and 8 months and MOS 13M for 5 years and 3 months.

9.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he completed 6 months and 3 days of foreign service.

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal (2nd Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Armed Forces Expeditionary Medal, and the Army Service Ribbon.

11.  Item 14 (Military Education) of the applicant's DD Form 214 shows he completed the 12-week Law Enforcement Course in December 1996.  This date appears to be an error since he did not enlist for this training option until 1999.

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

13.  The ABCMR case analyst of record's attempts to contact the applicant telephonically on 9, 13, 15, 17, and 20 April 2009 to confirm the date he completed the Military Police course and/or the dates of service in an HFP/IDP area were unsuccessful.  The telephone number listed on his application has been disconnected.  Furthermore, the applicant did not list an electronic mail (email) address on his application.

14.  An email message, dated 24 April 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirmed that the applicant served in Saudi Arabia during the period between 1 September 2001 and 31 March 2002.

15.  HFP/IDP is a military entitlement paid for any month 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 the Soldier was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214.  Item 11 of the DD Form 214 reflects the primary specialty.  This item contains titles of all MOSs served for at least 1 year and includes for each MOS the number of years and months served. 
For an enlisted Soldier, this item also specifies that the first five characters of the primary MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI) if applicable or "O" when not applicable.

17.  A 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 (Military Awards) states that the GWOT 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.  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.  The GWOTSM may be awarded posthumously.  Service members may be awarded both the GWOT Expeditionary Medal (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.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.  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; and (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.

19.  Army Regulation 600-8-22 states that the 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 50 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.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The combatant commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  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 1 day toward the 30-consecutive or 60-nonconsecutive day requirement.   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.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic AOE:  Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in MOS 95B for 5 years and 3 months instead of 2 years and 8 months and entitlement to additional awards pertaining to the GWOT and Operation Enduring Freedom.

2.  With respect to the applicant's MOS, the applicant's 95B MOS and his service as a Military Policeman are not in question.  His 3-year reenlistment on 2 March 1999 for MOS 95B and his assignments to various MP units clearly establish his qualification as an MP.  However, his record does not show the date he completed the 95B training and/or was awarded MOS 95B.  Additionally, his record shows he was assigned to various Military Police units; however, the record is void of the dates he was assigned to these various units.  In the absence of evidence, such as MOS orders, certificate of MOS completion, or other corroborating evidence, there is insufficient evidence to establish the years and months he served in MOS 95B.

3.  The evidence of record shows that the applicant served on active duty from 8 August 1996 through 1 March 2003.  Therefore, he served a qualifying period of service for award of the GWOTSM and is entitled to correction of his records to show this award.

4.  With respect to the applicant's service in support of Operation Enduring Freedom and/or the GWOT, the applicant's record shows he completed 6 months and 3 days of foreign service in Saudi Arabia as confirmed by his pay records at DFAS.  However, it is unclear if this service was in support of Operation Enduring Freedom.  In order to qualify for award of the GWOTEM, a member must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of operations.  Having arrived in Saudi Arabia prior to 11 September 2001, it is unclear what designated operation the applicant's unit performed or supported.  Therefore, there is insufficient evidence to grant the applicant the GWOTEM.

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 awarding the applicant the GWOTSM and adding this award to 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 the applicant's primary specialty and any medals pertaining to Operation Enduring Freedom.



      ___________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)                                         AR20090000157



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000157



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1