IN THE CASE OF:	

		BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090010700 


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, in effect, requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in support of Operation Enduring Freedom.  He further requests to be awarded all awards and decorations to which he is entitled as a result of his deployment.

2.  The applicant states that he served in Operation Enduring Freedom during the period November 2001 through May 2002.

3.  The applicant provides a portion of a unit deployment order and an illegible copy of letter orders as documentary evidence in support of this application.  Attempts to contact the applicant via telephone and electronic message in order to obtain complete and legible copies of his supporting documents were unsuccessful.  The telephone number provided on his application was not in service and he failed to respond to the electronic message.

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 served as an enlisted Soldier in the Army National Guard during the period 13 August 1984 through 10 June 1992.  On 21 June 1996, the applicant enlisted in the Regular Army.  He completed basic combat training and advanced individual training (AIT).  Upon completion of AIT, he was awarded the primary military occupational specialty 52D (Power Generator Equipment Repairer).  At the time of his separation, the applicant held the rank of specialist/pay grade E-4.  On 6 January 2004, the applicant was discharged from active duty with disability severance pay and an honorable characterization of service.

3.  The applicant provides a portion of a unit deployment order showing the advanced party of Headquarters and Headquarters Company, 530th Service and Support Battalion, 507th Corps Support Group, 1st Corps Support Command, Fort Bragg, North Carolina, was deployed in support of Operation Enduring Freedom for a period of 179 days with a report date of 8 November 2001.  This extract does not contain the letterhead of the orders issuing authority, orders number, issuance date, or authentication.  The applicant's record is devoid of a completed copy of this order.

4.  The applicant provides an illegible copy of letter orders which appear to have been rendered by Headquarters, XVIII Airborne Corps and Fort Bragg, dated 6 June 2002.  These orders were issued to amend the report date, will proceed date, and additional instructions of an undeterminable order previously issued by the same authority pertaining to deployment of the main body of Headquarters and Headquarters Company, 530th Service and Support Battalion, 507th Corps Support Group, by changing the effective dates to 13 days later.

5.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served overseas for a cumulative total of 6 months and 6 days.  Item 18 (Remarks) of this form does not show the applicant served overseas during this period of active duty.

6.  A query of the applicant's Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) revealed that he received hostile fire pay, imminent danger pay, and combat zone tax exclusion entitlements associated with deployment to Uzbekistan during the period 13 December 2001 through 10 May 2002.

7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was awarded or authorized the Army Commendation Medal, the Army Achievement Medal (4th Award), the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the 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.

9.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal 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. Initial award of the Global War on Terrorism Expeditionary Medal is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in several designated specific geographic areas to include Uzbekistan.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army.  Specifically, in pertinent part, it states that:

	a.  for item 12f, the total amount of foreign service completed during their continuous period of active service will be entered; and

	b.  for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show his foreign service and the awards and decorations to which he is entitled were carefully considered and determined to have merit.


2.  The evidence shows the applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal and that he participated in one campaign.  Therefore, the applicant is entitled to correction of his records to show award of the Global War on Terrorism Service Medal.

3.  A query of the applicant's DFAS pay history revealed that he received pay entitlements associated with service in Uzbekistan during the period 13 December 2001 through 10 May 2002.

4.  The evidence shows the applicant served a qualifying period of service in Uzbekistan for award of the Global War on Terrorism Expeditionary Medal.  Therefore, the applicant is entitled to correction of his records to show award of the Global War on Terrorism Expeditionary Medal.

5.  Army Regulation 635-5 prescribes that item 12f will show the total amount of foreign service completed during the period covered in item 12c.  This regulation further prescribes that the remarks section of a DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service will include the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."  Therefore, the applicant is entitled to correction of his DD Form 214 to show his deployment to Uzbekistan during the period 13 December 2001 through 10 May 2002.

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 applicant's record be corrected by:

	a.  adding to item 13 of the applicant's DD Form 214 the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal;

	b.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN UZBEKISTAN FROM 20011213-20020510"; and

	c.  providing the applicant a correction to his DD Form 214 to show these changes.



      ____________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)                                         AR20090010700



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090010700



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1