IN THE CASE OF:	  

		BOARD DATE:	    27 April 2010

		DOCKET NUMBER:  AR20090013149 


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 his deployments and all of the awards he is authorized. 

2.  The applicant states his DD Form 214 does not show his deployments and all of his awards. 

3.  The applicant provides, in support of his application, copies of his DD Form 214, a citation and certificate for award of the Joint Service Achievement Medal, a certificate for award of the Army Achievement Medal, and temporary change of station orders, dated 4 November 2002. 

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.  On 30 March 2001, the applicant enlisted in the Regular Army, as a prior service Soldier.  He had previously completed 6 years, 2 months, and 27 days of inactive service and 3 months and 27 days of active service.  

3.  The applicant provides a citation and certificate for award of the Joint Service Achievement Medal.  The narrative states that he had distinguished himself by exceptionally meritorious service while assigned as a transportation driver at Guantanamo Bay, Cuba from February to June 2002.

4.  Orders 308-1, 13th Corps Support Command, dated 4 November 2002, directed the applicant proceed on a temporary change of station for duty at Kuwait Naval Base in Kuwait for a period of 14 days commencing on or about      6 November 2002.

5.  Defense Finance and Accounting Service (DFAS) records show the applicant received imminent danger pay for the period from 7 to 14 November 2002 while in Kuwait.

6.  Permanent Orders Number 8-49 (as shown on the award certificate provided by the applicant) awarded the applicant the Army Achievement Medal for meritorious achievement in support of the 3rd Brigade Combat Team at the National Training Center in Fiscal Year 2003.

7.  The applicant's Enlisted Record Brief (ERB) dated 30 April 2003, shows the applicant was awarded one Joint Service Achievement Medal, two Army Achievement Medals, one Army Service Ribbon, and two National Defense Service Medals.

8.  On 9 September 2003, the applicant was discharged from active duty.  He had completed 2 years, 5 months, and 10 days of creditable active service this period.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Army Lapel Button, National Defense Service Medal, and the Army Service Ribbon.

9.  Army Regulation 600-8-22 (Military Awards) provides that an Oak Leaf Cluster denotes the second and subsequent awards of the Army Achievement Medal, and a bronze service star denotes the second and subsequent awards of the National Defense Service Medal.





10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f of the total amount of foreign service completed during the current period of active duty.  It further provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his deployments and awards. 

2.  The available evidence shows that the applicant was awarded two National Defense Service Medals, a Joint Service Achievement Medal, and two Army Achievement Medals.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The evidence shows the applicant served in Guantanamo Bay, Cuba from February to June 2002.  Even though the exact dates are not available, his DD Form 214 should be corrected to show this foreign service.  It would be equitable to use the 4 month period from 15 February to 15 June 2002. 

4.  The evidence also shows the applicant served 14 days in Kuwait from
7 to 14 November 2002.  This foreign service should be shown on his DD Form 214.

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.  showing in Item 12f of his DD Form 214 "4 months and 14 days";

   b.  deleting all awards from Item 13 of his DD Form 214;
   
	c.  adding in Item 13 of his DD Form 214 the National Defense Service Medal with bronze service star, Joint Service Achievement Medal, Army Achievement Medal with Oak Leaf Cluster, Army Service Ribbon, and the Army Lapel Button; and

	d.  adding in Item 18 of his DD Form 214 the "Service in Guantanamo Bay, Cuba from 20020215 - 20020615// "Service in Kuwait from 20021107 - 20021114." 




      _______ _   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)                                         AR20090013149



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ABCMR Record of Proceedings (cont)                                         AR20090013149



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