IN THE CASE OF:	

		BOARD DATE:	 15 December 2009 

		DOCKET NUMBER:  AR20090009219 


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 that Global War on Terrorism (GWOT) medals and any other medals to which he is entitled be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he was discharged before the medals were awarded.

3.  The applicant provides the following documents in support of his application: DD Form 214 for the period ending 27 September 2002; deployment orders, dated 9 November 2001; North Atlantic Treaty Organization (NATO) travel orders; and DA Form 638 (Recommendation for Award), dated 18 April 2002.

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 enlisted in the Regular Army on 28 September 1999.

3.  U.S. Army Transportation Center and Fort Eustis Orders 311-00119, dated 9 November 2001, show the applicant was reassigned to Fort Bragg, NC, with his unit for deployment in support of Operation Enduring Freedom with a proceeding date of 10 November 2001.

4.  The applicant provided NATO orders which show he departed Uzbekistan on or about 10 May 2002 with an expected date of return to the United States on or about 9 June 2002.

5.  The applicant also provided a DA Form 638 which shows he was awarded the Army Commendation Medal for meritorious achievement while deployed to Uzbekistan in support of Operation Enduring Freedom.

6.  The applicant was released from active duty on 27 September 2002.  He completed 3 years of active military service during this period.  On the following day he was transferred to the U.S. Army Reserve Control Group.

7.  His DD Form 214 for the period ending 27 September 2002 shows he was awarded the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, and the Army Service Ribbon during his tenure on active duty.

8.  Item 12f (Foreign Service) of his DD Form 214 for the period ending 27 September 2002 does not show any foreign service.  Item 18 (Remarks) does not show foreign service in Uzbekistan in support of Operation Enduring Freedom.

9.  In a 15 September 2009 electronic mail message, the Defense Finance and Accounting Service informed a staff member of the ABCMR that the applicant was deployed to Uzbekistan with hostile fire pay (HFP)/imminent danger pay (IDP) from 3 December 2001 to 7 June 2002.

10.  Army Regulation 600-8-22 (Military Awards) states that the GWOT Expeditionary Medal (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.  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 areas of eligibility (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.

11.  Army Regulation 600-8-22 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 AOE on or after 11 September 2001 to a future date to be determined.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f (Foreign Service).  This regulation also states that an active duty Soldier ordered to active duty and deployed with his or her unit during their continuous period of active service will be reported in item 18 of the DD Form 214 with the statement:  "SERVICE IN (Name of Country Deployed) FROM (inclusive dates)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s military pay records show he received HFP/IDP during the period 3 December 2001 to 7 June 2002 for service in Uzbekistan.

2.  Based on his service in Uzbekistan, the applicant is eligible for award of the GWOTEM and the GWOTSM.

3.  In addition, it would be appropriate to amend item 12f of the applicant’s DD Form 214 for the period ending 27 September 2002 to show 6 months and 5 days of foreign service and to show the entry "SERVICE IN UZBEKISTAN FROM 20011203-20020607."



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 the DD Form 214 for the period ending 27 September 2002 of the individual concerned be corrected by:

	a.  amending item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons) to add the GWOTEM and the GWOTSM;

	b.  amending item 12f to show the entry "0000  06  05"; and

	c.  amending item 18 to show the entry "SERVICE IN UZBEKISTAN FROM 20011203-20020607."



      ___________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)                                         AR20090009219



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ABCMR Record of Proceedings (cont)                                         AR20090009219



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