BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090008054 


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 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment dates to Kuwait. 

2.  The applicant states, in effect, that item 18 of his DD Form 214 does not reflect his dates of deployment to Kuwait; therefore, he will not qualify for the Persian Gulf grants.  

3.  The applicant provides his DD Form 214 and a Veteran Military History report 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 in the Regular Army and entered active duty on 30 October 1998.  It also shows he was trained in, awarded and served in military occupational specialty (MOS) 13B (Cannon Crewmember).

3.  On 29 October 2001, the applicant was honorably discharged.  The DD Form 214 he was issued at the time confirms he completed a total of 3 years of active military service.  Item 12f (Foreign Service ) contains the entry "0000 00 00" and 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 Lapel Button, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 18 (Remarks) contains no entry documenting deployed service in Kuwait or elsewhere. 

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 and that he served in Kuwait from 19 April through 18 August 2002. 

5.  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. 

6.  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.  

7.  Paragraph 2-19 of the awards regulation 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, having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 18 of his DD Form 214 should be corrected to reflect his service in Kuwait was carefully considered and found to have merit.  

2.  The evidence of record confirms he served in Kuwait from 19 April through 
18 August 2002, as corroborated by DFAS pay records.  As a result, item 12f should be corrected by deleting the current entry and replacing it with the entry "0000  03  28" and item 18 should be corrected by adding the entry "SERVICE IN KUWAIT FROM 20020419-20020818." 

3.  The evidence of record also confirms that based on his qualifying period of active duty service outside of an AOE after 11 September 2001 and his service in Kuwait, he is eligible for award of the GWOTSM and GWOTEM, which should both be added to the list of awards contained in item 13 of 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 amending his DD Form 214 issued, on 29 October 2001, as follows:   

	a.  deleting from item 12f the current entry and replacing it with the entry
"0000  03  28";

	b.  adding to item 13 the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal; and 

	c.  adding to item 18 the entry "SERVICE IN KUWAIT" "20020419-20020818." 



      _______ _   __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)                                         AR20090008054



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ABCMR Record of Proceedings (cont)                                         AR20090008054



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