IN THE CASE OF:	  

		BOARD DATE:	   4 February 2010

		DOCKET NUMBER:  AR20090012945 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his time in Iraq and his awards.

2.  The applicant states that he would like his DD Form 214 to properly reflect his service in Iraq and his awards.

3.  The applicant provides copies of his DD Form 214; Permanent Orders 162-1, dated 11 June 2003; a local cavalry certificate which states, "With carbine and saber in hand, having followed the Cavalry Guidon onto the battlefields of Iraq to free the Iraqi people and the world from tyranny and terrorism, and having demonstrated the skill, fitness, dash, discipline, cunning, and aggressiveness of a United States Cavalry Trooper is hereby entered onto the rolls of the Honorary Order of the Spur"; and a DA Form 638 (Recommendation for Award) in which the applicant was awarded the Army Achievement Medal (AAM) by Permanent Order Number 270-004.

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 military records show that he enlisted in the Regular Army on 25 January 2000, was awarded the military occupational specialty of multichannel transmission systems operator/maintainer, and was promoted to pay grade E-4.  His records do not show that he ever received any judicial or nonjudicial punishment.

3.  He was honorably released from active duty on 24 January 2004.  His DD Form 214 does not show any foreign service in item 12f (Foreign Service) and does not show any deployments in item 18 (Remarks).  His DD Form 214 does not show any awards during this period of service.

4.  In the processing of this case, a member of the Board staff contacted the Defense Finance and Accounting Service which stated the applicant received hostile fire pay/imminent danger pay from 7 April 2003 to 27 October 2003 for service in Kuwait.

5.  Headquarters, U.S. Army Human Resources Command, message, dated 17 March 2004, announced implementing instructions for the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM).  In pertinent part, the message states that these medals will be awarded to recognize all members of the Armed Forces of the United States serving in or in support of the Global War on Terrorism operations on or after 11 September 2001 to date to be determined.

6.  Initial award of the GWOTEM is limited to Soldiers deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following Department of Defense designated specific geographic areas of eligibility:  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 degrees east latitude) Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, 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, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  To be eligible for the GWOTEM a Soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days.

7.  Award of the GWOTSM is authorized to Soldiers who participated in or served in support of Global War on Terrorism operations outside of the designated area of operations as outlined in paragraph 6 above.  Initial award of the GWOTSM will be 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.  As with the GWOTEM, a Soldier must have served 30 consecutive or 60 nonconsecutive days.  HRC Awards Branch personnel have advised that the GWOTSM has been awarded, and will continue to be awarded, to all Army personnel who serve on active duty for 30 consecutive days or more, regardless of where they serve (the same criteria as the National Defense Service Medal).

8.  Soldiers may receive both the GWOTEM and the GWOTSM if they meet the requirements of both awards.  However, the same period of service establishing eligibility for one cannot be used to justify service eligibility for the other.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

10.  Army Regulation 600-8-22 also provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 638 verifies that the applicant was awarded the AAM.  As such, he is entitled to have this award added to his DD Form 214.

2.  The applicant is also entitled to the GWOTSM and NDSM due to the dates of his active service.  He is also entitled to the GWOTEM for his service in Kuwait and Iraq.  It would be proper and equitable to add these awards to his DD Form 214.

3.  The applicant served in Kuwait and Iraq from 7 April 2003 to 27 October 2003.  As such, it would be appropriate to correct item 12f (Foreign Service) of the applicant's DD Form 214 to show 6 months and 21 days.

4.  Since the applicant was deployed to Kuwait and Iraq, but the amount of time served in those specific countries is not a matter of record, an entry must be made in item 18 of his DD Form 214 to show "SERVICE IN KUWAIT/IRAQ FROM 030407-031027."

5.  The applicant's record does not show that the applicant ever received either judicial or nonjudicial punishment and there is no record of other indiscipline.  As such, the preponderance of evidence shows that the applicant is entitled to award of the AGCM for the period 25 January 2000 to 24 January 2003.

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 be corrected by:

	a.  awarding him the AGCM for the period 25 January 2000 to 24 January 2003;

	b.  adding the AAM, AGCM, NDSM, GWOTSM, and GWOTEM to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214;

	c.  amending item 12f of his DD Form 214 to show 6 months and 21 days; and

	d.  adding "SERVICE IN KUWAIT/IRAQ FROM 030407-031027" to item 18 of 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)                                         AR20090012945



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ABCMR Record of Proceedings (cont)                                         AR20090012945



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