IN THE CASE OF:	

		BOARD DATE:	 1 December 2009 

		DOCKET NUMBER:  AR20090011051 


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 the rank/pay grade shown on his separation document and all of his awards.

2.  The applicant states, in effect, he held the rank of specialist (SPC)/pay grade E-4 at the time of his separation; however, the incorrect rank of private first class (PFC)/pay grade E-3 was recorded on the document.  He also states that his awards for serving in support of Operation Iraqi Freedom (OIF)/Operation Enduring Freedom (OEF) were not entered on his separation document.

3.  The applicant provides a copy of Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas, Orders 061-0005, dated 1 March 2004, and a DD Form 214 (Certificate of Release or Discharge from Active Duty).  [The applicant did not provide a contact telephone number or electronic mail address on 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 enlisted and entered active duty in the Regular Army on 28 June 2000.  Upon completion of training, he was awarded military occupational specialty 31U (Signal Support Systems Specialist).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 18 (Appointment and Reductions) he was promoted to PFC (E-3) with a date of rank of "10 March 2000."

4.  A DD Form 2648 (Preseparation Counseling Checklist), dated 3 December 2003, shows the applicant was offered preseparation counseling.  Item 3 (Grade) shows the entry "E3" and item 8a (Service Member Signature) shows the applicant placed his signature on the document.

5.  Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas, Orders 061-0005, dated 1 March 2004, show the applicant was reassigned to the U.S. Army Transition Point for processing on 3 March 2004.  The standard name line of the orders shows the applicant's rank as "SPC."

6.  A "corrected copy" of Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas, Orders 061-0005, dated 1 March 2004, show the applicant was reassigned to the U.S. Army Transition Point for processing on 3 March 2004.  The standard name line of the orders shows the applicant's rank as "PFC."

7.  The applicant's DD Form 214 shows he entered active duty on 28 June 2000.  He was honorably discharged on 3 March 2004 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 
13-2e, based on physical standards.  At the time he had completed 3 years, 8 months, and 6 days of net active service and 4 months and 11 days of foreign service.  It also shows in:

	a.  item 4a (Grade, Rate or Rank) the entry "PFC" and item 4b (Pay Grade) the entry "E3";

	b.  item 12 (Record of Service), block h (Effective Date of Pay Grade), the entry "2003 09 05";

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Army Achievement Medal, National Defense Service Medal, and Army Service Ribbon; and 

   d.  item 18 (Remarks) shows, in pertinent part, the entry "SERVICE IN SOUTHWEST ASIA 20030202-20030612."

8.  In connection with the processing of this case, the Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay.  DFAS responded that the applicant was stationed in Kuwait from 3 February 2003 through 11 June 2003.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation also provides that:

	a.  the Global War on Terrorism Expeditionary Medal (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.  The general area of eligibility (AOE) encompasses all foreign land, water and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE; and

	b.  the Global War on Terrorism Service Medal (GWOTSM) is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated AOE determined for award of the GWOTEM on or after 11 September 2001 to a 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 this award.
10.  Army Regulation 635-5 (Personnel Separations - 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, the source documents for entering information on the DD Form 214 will be the Officer/Enlisted Record Brief (ORB/ERB), separation approval authority documentation, separation orders, or any other document authorized for filing in the official military personnel file.

11.  Paragraph 2-4 (Completing the DD Form 214) of the regulation contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 4 enter the active duty grade or rank and pay grade at time of separation from the ORB/ERB;

	b.  item 12 states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It also provides for item 12, block h, that from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade; and

	c.  item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the rank and pay grade SPC/E-4 and all of his authorized awards.

2.  The evidence of record shows that upon completion of his Preseparation Counseling Checklist, the applicant verified that his grade was "E3" (PFC).  The evidence of record also shows that orders reassigned the applicant to the U.S. Army Transition Point on 3 March 2004 and the applicant's rank was shown as "SPC."  However, the evidence of record further shows that a "corrected copy" of the order was subsequently published that reassigned the applicant to the U.S. Army Transition Point on 3 March 2004 and the applicant's rank was corrected to read "PFC."  Thus, considering all the evidence, it is concluded the applicant's DD Form 214 shows his correct rank, pay grade, and effective date of pay grade.  Therefore, the applicant is not entitled to correction of his DD Form 214 in this case.

3.  Records confirm the applicant served in Kuwait from 2 February 2003 to 12 June 2003.  Thus, records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Kuwait).  Service in either Iraq or Afghanistan cannot be verified from the available evidence.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

4.  Records show the applicant qualified for award of the GWOTSM for his service in support of the Global War on Terrorism outside the AOE for award of the GWOTEM.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

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 the Global War on Terrorism Expeditionary Medal and 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 his rank and pay grade.



      ____________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)                                         AR20090011051



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ABCMR Record of Proceedings (cont)                                         AR20090011051



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