IN THE CASE OF:	

		BOARD DATE:	 8 December 2009 

		DOCKET NUMBER:  AR20090011481 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal, the Combat Action Badge, the Global War on Terrorism Service Medal (GWOTSM), and the Global War on Terrorism Expeditionary Medal (GWOTEM); that item 14 (Military Education) be corrected to show he completed HAZMAT [hazardous materials] training; and that item 
18 (Remarks) be corrected to show his deployment in Iraq.   

2.  The applicant states that the items were not finalized when he separated and he feels this occurred as a result of administrative errors.

3.  The applicant provides a memorandum, dated 12 July 2002; a Certificate of Training, dated 19 May 2000; orders for the Army Commendation Medal; deployment orders; and a copy of his DD Form 214 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 requested correction of his records to show award of the Combat Action Badge.  Requests for award of the Combat Action Badge must be forwarded to the Commanding General, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471.  This award may be requested by letter.  All requests must contain the following:  
(1) assignment, attachment or operational control orders; (2) a copy of the Soldier's Enlisted Record Brief or DA Form 2-1; (3) a copy of the chain of command endorsement; (4) a one-page narrative description of the qualifying incident; (5) a certified copy of the DD Form 214; and (6) supporting documentation.  The applicant is required to exhaust all administrative remedies; accordingly, there will be no further discussion of this issue.

3.  The applicant enlisted in the Regular Army on 9 July 1999, served as a motor transport operator, and was released from active duty on 30 November 2003.

4.  Item 13 on the applicant's DD Form 214 shows the Army Lapel Button, the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Multinational Force and Observers Medal (2nd Award), and the Driver and Mechanic Badge with Driver-A Bar as authorized awards.  Item 14 on his DD Form 214 does not show he completed HAZMAT training.  Item 18 on his DD Form 214 does not show any deployments.

5.  The applicant provided an award certificate which shows Headquarters, 13th Corps Support Command Permanent Order 182-25, dated 1 July 2004, awarded him the Army Commendation Medal for meritorious service for the period 
8 March 2002 to 30 November 2003.  

6.  The applicant provided a Certificate of Training, dated 19 May 2000, which shows he completed 24 hours of Hazardous Materials Transport Compliance and Enforcement training.  He also provided a memorandum, dated 12 July 2002, which states that he completed HAZMAT Familiarization and Safety in Transportation Training. 

7.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in a combat zone receiving hostile fire pay during the period 
31 March 2003 to 3 July 2003 in Kuwait.  


8.  Army Regulation 600-8-22 (Military Awards) states that 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.  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.

9.  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 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. 

10.  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.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.  Training courses for combat skills will not be listed.  It states that 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 in item 18.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The applicant served a period of qualifying service for award of the GWOTSM. 

3.  Based on the applicant's service in Kuwait/Iraq, he is eligible for award of the GWOTEM.

4.  Evidence of record shows the applicant completed 24 hours of Hazardous Materials Transport Compliance and Enforcement training in 2000.  However, the governing regulation states that training courses successfully completed during the period of service covered by title, length in weeks (i.e., at least 40 hours), and year completed would be listed in item 14 on the DD Form 214.  Therefore, there is no basis for granting the applicant’s request to show this training course on his DD Form 214.  

5.  Since the duration of the HAZMAT Familiarization and Safety in Transportation Training is unknown, there is an insufficient basis for granting the applicant's request to show this training course at this time.   

6.  The DFAS information and the applicant's confirmation of his service in Kuwait/Iraq are accepted as sufficient evidence on which to amend item 18 on the applicant’s DD Form 214 to show he served in Kuwait/Iraq.  Therefore, item 18 on his DD Form 214 should be corrected to show he served in Kuwait/Iraq from 31 March 2003 to 3 July 2003.

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: 

	a.  adding the Army Commendation Medal, the GWOTSM, and the GWOTEM in item 13 on his DD Form 214; and

	b.  adding the entry "SERVICE IN KUWAIT/IRAQ: 20030331 TO 20030703" in item 18 on his DD Form 214.

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 amendment of item 14 on his DD Form 214.  


      _______ _   _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)                                         AR20090011481



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ABCMR Record of Proceedings (cont)                                         AR20090011481



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