IN THE CASE OF:	  

		BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090006193 


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 award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), and the Overseas Service Ribbon (OSR).

2.  The applicant states that he is entitled to award of the GWOTEM, GWOTSM, and the OSR.  The applicant also states, in effect, that he has orders showing that other Soldiers in his unit received these awards.

3.  The applicant provides copies of a DD Form 214 for the period ending
6 February 2004 and a DD Form 1351-2 (Travel Voucher or Subvoucher) as documentary evidence in support of this 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 that he enlisted in the U.S. Army Reserve (USAR) on 30 March 1992.  He completed basic combat and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist).  The applicant served continuously through a series of reenlistments until he was discharged on 6 March 2006.  The highest rank/grade he attained during his military tenure was specialist (SPC)/E-4.

3.  The applicant's DD Form 214 shows he was ordered to active duty in support of Operation Enduring Freedom (OEF) and he served during the period 7 February 2003 to 6 February 2004, for a total of 1 year.  This DD Form 214 also shows the applicant served in Southwest Asia during the period of
28 February 2003 to 15 August 2003, for a total of 5 months and 18 days.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the GWOTEM, GWOTSM, or the OSR.

5.  The applicant provides a DD Form 1351-2 that was authenticated by his supervisor on 22 April 2004.  This form shows he departed Fort Bliss, TX on
28 February 2003 and he arrived in Kuwait on 28 February 2003.  He served in Kuwait during the period 28 February 2003 to 7 April 2003, in Iraq during the period 7 April 2003 to 3 August 2003, and back to Kuwait during the period
3-8 August 2003.  He subsequently returned to Fort Bliss on 8 August 2003.  On 6 February 2004, the applicant was honorably released from active duty and he was transferred to the control of his USAR unit. 

6.  The applicant's Official Military Personnel File (OMPF) does not contain any documentation showing award of the GWOTEM, GWOTSM, or the OSR.

7.  Army Regulation 600-8-22 (Military Awards) 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 Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.

8.  Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  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.

9.  Army Regulation 600-8-22 shows that the OSR 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.

10.  Army Regulation 614-30 (Overseas Service) governs overseas tour lengths and credit for tour completion.  The following is a clarification statement provided by the proponent of this regulation.  It states “Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a Temporary Change of Station/Temporary Duty (TCS/TDY) status get credit for a completed short tour per Army Regulation 614-30, Table 3-2, rules 5 and 7.  Iraq is considered an 
isolated area where a tour length has not been established by DOD; therefore, the Army gives equivalent credit for periods of TCS/TDY.  Also, since there is no official established DOD tour length, Soldiers cannot serve in Iraq in PCS status.  To determine the overseas tour lengths refer to Table 1, Appendix Q, Joint Federal Travel Regulations (JFTR), Volume 1.  You will not find a tour length for Iraq.”

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Paragraph 2-4 (Completing the DD Form 214) of this regulation, in pertinent part, provides that all decorations, badges, citations, and campaign ribbons awarded and authorized for all period of service should be entered in item 13 of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the GWOTEM, GWOTSM, and the OSR were carefully considered and determined to have partial merit.

2.  Evidence shows the applicant served a qualifying period of service in Kuwait and Iraq for award of the GWOTEM.  Therefore, the applicant is entitled to correction of his record to show this award.
3.  Evidence shows the applicant served a qualifying period of service outside the designated areas of eligibility for award of the GWOTSM.  Therefore, the applicant is entitled to correction of his record to show this award.

4.  Evidence shows the applicant served in Kuwait/Iraq for a cumulative qualifying period of service of only 5 months and 18 days.  For award of the OSR, a Soldier must serve a minimum of 11 cumulative months or 9 continuous months to meet the eligibility criteria for award of the OSR.  Therefore, the applicant is not entitled to correction of his record to show this award.

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 adding to item 13 of his DD Form 214 for the period ending 6 February 2004 the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.

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 Overseas Service Ribbon.



      __________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)                                         AR20090006193



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ABCMR Record of Proceedings (cont)                                         AR20090006193



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