IN THE CASE OF:	  

		BOARD DATE:	      20 AUGUST 2009

		DOCKET NUMBER:  AR20090005670 


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 item 12f (Foreign Service) of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served overseas for 6 months and 2 days. 

2.  The applicant states, in effect, that he was deployed to Kuwait in support of Operation Desert Spring and served there for 6 months and 2 days, and he would now like his DD Form 214 corrected to document this service.  

3.  The applicant provides a DA Form 638 (Recommendation for Award) and a Certificate of Achievement in support of his application.

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 record shows he enlisted into the Regular Army and entered active duty on 10 March 1999.  It also shows he was trained in, awarded and served in military occupational specialty (MOS) 63B (Light Vehicle Mechanic) and that the highest rank he attained while serving on active duty was specialist (SPC).

3.  On 9 March 2003, the applicant was honorably released from active duty (REFRAD).  The DD Form 214 he was issued at the time confirms he completed a total of 4 years of active military service.  Item 12f contains the entry "0000 00 00."  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his tenure on active duty:  Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Army Lapel Button.  Item 18 (Remarks) contains no entry documenting deployed service or showing he served in Kuwait.  

4.  A review of the Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) for Kuwait during the period 1 February 2002 through 31 August 2002, and that his actual dates of service in Kuwait were from 12 February 2002 through 
11 August 2002. 

5.  The applicant provides a DA Form 638, dated 18 July 2002, which shows he was awarded the Army Achievement Medal for his exemplary achievement while deployed in Kuwait during the period from 12 February through 14 August 2002.  He also provides a Certificate of Achievement, which he received for his outstanding performance and contributions in support of Operation Desert Spring 02-02.  

6.  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.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12f state, in pertinent part, to enter all overseas service completed during the period covered by the DD Form 214.  The instructions for item 18 state, in pertinent part, that the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to item 18 for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214. 

7.  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 the 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.  Kuwait is identified as an authorized AOE.  Paragraph 2-19 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 Global War on Terrorism (GWOT) operations outside of designated areas of eligibility (AOE) on or after 
11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers (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 Item 12f of his DD Form 214 should be corrected to reflect his service in Kuwait as 6 months and 2 days was carefully considered and found to have partial merit.  The evidence of record confirms he served in Kuwait from 12 February 2002 through 11 August 2002, which totals
5 months and 29 days, as evidenced by the official DFAS pay record.  Therefore, it would be appropriate to correct item 12f of his DD Form 214 to reflect this deployed overseas service.

2.  By regulation, the deployed service of an active duty Soldier should be documented with an entry in Item 18 of the DD Form 214.  In this case, the entry "SERVICE IN KUWAIT FROM 20020212-20020811" should be added to Item 18 of the applicant's DD Form 214 to document his service in Kuwait in support of Operation Desert Spring 02-02.  

3.  Furthermore, the evidence of record confirms the applicant served on active duty outside of a designated AOE for 30 consecutive days and that he served
in an authorized AOE, Kuwait, for 30 consecutive days after 11 September 2001. As a result, he is eligible for the GWOTSM and GWOTEM, and it would be appropriate to add these awards to his record and DD Form 214 at this time.


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 amending his 9 March 2003 DD Form 214 as follows:   

	a.  Item 12f - delete the current entry and replace it with the entry
"0000 05 29"; 

	b.  Item 13 - add the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal; 

	c.  Item 18 - add the entry "SERVICE IN KUWAIT 20020212-20020811”; and 

	d.  providing him a correction to his DD Form 214 that includes these changes.

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 correction of item 12f of his DD Form 214 to show he completed 6 months and 2 days of overseas service. 




      _______ _   _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)                                         AR20090005670



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ABCMR Record of Proceedings (cont)                                         AR20090005670


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