IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090011521 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following:

	a.  Service in Kuwait [sic] (Kosovo) from 3 May to 9 June 2001 in support of Operation Joint Guardian;

   b.  Service in Iraq from 1 May to 17 June 2003 in support of Operation Iraqi Freedom; and 

	c.  Award of the Global War on Terrorism Service and Expeditionary Medals. 

2.  The applicant states that his DD Form 214 does not show his deployments to Kosovo or Iraq.  He was deployed to Kosovo in May 2001 for 35 days and he also served in Iraq until he was medically evacuated in 2003.  He would like his DD Form 214 corrected so he may qualify for Government jobs. 

3.  The applicant did not provide any additional documentary evidence in support of his request. 

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 records show he enlisted in the Regular Army for a period of 4 years on 28 September 1999.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63B (Light Vehicle Mechanic).  

3.  The applicant’s records also show he served in Germany from on or about 24 April 2000 to 18 December 2003.  He was assigned to Company A, 123rd Main Support Battalion. 

4.  The applicant’s records further show he was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 20 December 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

5.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows he completed 3 years, 7 months, and 28 days of foreign service. 

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

7.  Item 18 (Remarks) of the applicant's DD Form 214 does not show he served in a Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) area.

8.  An email, dated 19 October 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received HFP/IDP from 1 May to 30 June 2001 for service in Macedonia and from 7 May to 17 June 2003 for service in Kuwait. 

9.  HFP/IDP is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he was:  subject to hostile fire or explosion of hostile mines; on duty in an area in which he was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service to include attendance at basic and advanced training.  The DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 of this regulation states, in pertinent part, that for an active duty Soldier deployed with his unit during a 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.

11.  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 Terror operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  Service members may be awarded both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the Global War on Terrorism Service Medal may be authorized to any individual; therefore, second and subsequent awards will not be awarded.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  (1) initial award of the Global War on Terrorism Service Medal is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom; and (2) 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 the Global War on Terrorism Service Medal.

12.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal was established by Executive Order 13289, 12 March 2003. It 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 AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States. 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.  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, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2)  while participating in the designated operation, regardless of time, is killed, wounded or injured requiring medical evacuation from the AOE; or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal.

13.  Review of the applicant’s records indicates his entitlements to additional awards which are not shown on his records.

14.  Headquarters, 1st Armored Division Support Command, Germany, Permanent Orders Number 164-2, dated 7 June 2003, show the applicant was awarded the Army Commendation Medal for exceptionally meritorious service from 7 May to 7 June 2003 in support of Operation Iraqi Freedom.

15.  Army Regulation 600-8-22 provides for award of the Kosovo campaign Medal.  It states in pertinent part that the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Kosovo Operation(s): Allied Forge (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operation Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999); Saber (31 March 1999 through 8 July 1999); Falcon (11 June 1999 through a date to be determined), coinciding with Joint Guardian; or Hunter within areas of operation for the Kosovo Air Campaign and/or the Kosovo Defense Campaign.  The area of eligibility for the Defense Campaign includes the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and the waters and air space of the Adriatic Seas within 12 nautical miles of the Montenegro, Albania, and Croatia coastlines south of 42 degrees and 52 minutes North latitude.  Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involves entering the operations area of eligibility or meet other established criteria.  One bronze service star is authorized with the Kosovo Campaign Medal for participation in each campaign.  The Kosovo Air Campaign began on 24 March 1999 and ended on 10 June 1999 and the Kosovo Defense Campaign began on 11 June 1999 and ends on a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Kosovo and Iraq and awards of the Global War on Terrorism Service and Expeditionary Medals.

2.  With respect to the applicant’s service in Kosovo, the applicant contends that he served in Kosovo from 3 May to 9 June 2001.  His pay records at DFAS show he received HFP/IDP for service in Macedonia from 1 May to 30 June 2001.  It appears that the applicant’s service in Kosovo/Macedonia is consistent with his pay records at DFAS.  Therefore, the applicant is entitled to correction of his DD Form 214 to show his service in Kosovo.

3.  The applicant’s service in Kosovo from 3 May 2001 to 9 June 2001 also entitles him to award of the Kosovo Campaign Medal.  Additionally, his participation in the Kosovo Defense Campaign also entitles him to a bronze service star to be affixed to the Kosovo Campaign Medal. 

4.  With respect to the applicant’s service in Iraq, the applicant contends that he served in Iraq from 3 May to 9 June 2001.  He was awarded an Army Commendation Medal for meritorious service from 7 May 2003 to 7 June 2003 in support of Operation Iraqi Freedom and his pay records at DFAS show he received HFP/IDP for service in Kuwait from 7 May to 17 June 2003.  Therefore, there is sufficient evidence to show he served in Kuwait/Iraq and he should be entitled to correction of his DD Form 214 to show his service in Kuwait/Iraq.

5.  The applicant served in Kuwait/Iraq from 7 May 2003 to 17 June 2003; therefore, he served a qualifying period for award of the Global War on Terrorism Service and Expeditionary Medals and he is entitled to correction of his records to show these awards. 

6.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious achievement in support of Operation Iraqi Freedom which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

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:

	a.  adding to item 13 of his DD Form 214 awards of the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Commendation Medal, and the Kosovo Campaign Medal with one bronze service star; and

	b.  adding to item 18 of his DD Form 214 the entries "Service in Kuwait/Iraq from 7 May 2003 to 17 June 2003" and "Service in Macedonia/Kosovo from 3 May 2001 to 9 June 2001."



      _______ _   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)                                         AR20090011521



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ABCMR Record of Proceedings (cont)                                         AR20090011521



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