IN THE CASE OF:	  

		BOARD DATE:	   4 March 2010 

		DOCKET NUMBER:  AR20090013818 


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 records be corrected to show he was deployed to Camp Doha, Kuwait.  The applicant also requests, in effect, awards for his service in support of Operation Enduring Freedom.

2.  The applicant states he earned a combat stripe [overseas service bar] for the period 21 October 2002 through 1 July 2003 and he received a Joint Service Commendation Medal for the period 1 November 2002 to 1 May 2003.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), Orders 288-172, and Permanent Orders 177-008 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's record shows that he enlisted in the Regular Army on 13 October 1983.

3.  Orders 288-172, Headquarters, Fort McPherson, Georgia, dated 16 October 2002, show he was assigned to U.S. Army Forces Central Command in Camp Doha, Kuwait, in support of Operation Enduring Freedom on or about 21 October 2002.

4.  Permanent Orders 177-008, Coalition Forces Land Component Command (CFLCC), Third U.S. Army, dated 26 June 2003, show the applicant was awarded the Joint Service Commendation Medal for meritorious achievement while assigned to CFLCC-Kuwait from 1 November 2002 through 1 May 2003.

5.  The applicant submitted a copy of a DA Form 638 (Recommendation for Award) for the Joint Service Commendation Medal which shows he was assigned to CFLCC, C7 Engineers, in Camp Doha, Kuwait, from 21 October 2002 through 1 July 2003.

6.  The applicant's record contains a DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period July 2002 through June 2003 which shows the applicant was assigned to CFLCC, C7 Engineers, in Camp Doha, Kuwait, through June 2003.

7.  On 31 December 2003, the applicant retired honorably from active duty and transferred to the U.S. Army Reserve Control Group (Retired) after completing a total of 20 years, 2 months, and 18 days of active military service.

8.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the applicant received the following awards:  Meritorious Service Medal (2nd Award), Army Commendation Medal, Army Achievement Medal (6th Award), Joint Meritorious Unit Award, Army Superior Unit Award, National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal (2nd Award), Humanitarian Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (3rd Award), Expert Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, Driver and Mechanic Badge with Driver-W Bar, Master Parachutist Badge, Senior Parachutist Badge, Parachutist Badge, Air Assault Badge, and Venezuelan Parachutist Badge. 

9.  Army Regulation 600-8-22 (Military Awards) states 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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.

10.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the designated areas of eligibility for the GWOTEM on or after 11 September 2001 to a future date to be determined.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

12.  Army Regulation 635-5 also 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 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record provides sufficient evidence showing his service in Kuwait in support of Operation Enduring Freedom during the period 21 October 2002 to 1 July 2003.  Therefore, the applicant is entitled to have item 18 of his DD Form 214 corrected to show "SERVICE IN KUWAIT FROM 20021021-20030701."

2.  The evidence of record shows that the applicant served in Camp Doha, Kuwait, from 21 October 2002 to 1 July 2003 which is a qualifying period of service for award of the GWOTEM.  Therefore, he is entitled to correction of his record to show this award.

3.  The evidence of record confirms the applicant served on active duty from 13 October 1983 through 31 December 2003 and that more than 30 consecutive days of this service occurred after 11 September 2001 and was served outside of a designated area of eligibility for the GWOTEM.  Therefore, he is eligible for the GWOTSM, which should be added to his record.


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 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20021021-20020701 and

	b.  adding to item 13 of his DD Form 214 the Joint Service Commendation Medal, the GWOTEM, and the GWOTSM.



      _______ _  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)                                         AR20090013818