BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090015137 


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, in effect, that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment in Iraq.  He also requests all awards and decorations to which he may be entitled for this deployment.

2.  The applicant states his service in Iraq and any awards received during his deployment need to be added to his DD Form 214.

3.  The applicant provides group deployment orders and a memorandum for individual redeployment authorization 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 enlisted in the Regular Army on 5 October 2000.  He trained as a cannon crewmember and was released from active duty on 20 December 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  Item 18 of the applicant's DD Form 214 does not show any deployments and item 12f (Foreign Service) does not show any foreign service.  His DD Form 214 does not show any awards for the Global War on Terrorism.
 
4.  In support of his claim, the applicant provided deployment orders, dated 29 January 2003, which state, in pertinent part, that "Service members are authorized to travel to Kuwait, Egypt, UAE [United Arab Emirates], Qatar, Oman, Saudi Arabia, Bahrain, Pakistan, Afghanistan, Uzbekistan, Turkey, and Jordan."

5.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in a combat zone receiving hostile fire/imminent danger pay during the period 4 April 2003 to 11 September 2003 in Kuwait.

6.  There is no evidence of record which shows the applicant served in Iraq.

7.  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:  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.

8.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (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.

9.  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.  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.

10.  Army Regulation 635-5 also states that for item 12f enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he was deployed to Iraq, there is no evidence of record and the applicant provided no evidence to support this contention.

2.  The DFAS information which shows the applicant served in Kuwait is accepted as sufficient evidence on which to amend item 18 of the applicant's DD Form 214 to show he served in Kuwait.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Kuwait from 4 April 2003 to 11 September 2003.

3.  Item 12f of the applicant's DD Form 214 should also be corrected to show he served 5 months and 8 days of foreign service.

4.  Based on the applicant's service in Kuwait, he is eligible for award of the GWOTEM and the GWOTSM.

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.  deleting the entry in item 12f of the applicant's DD Form 214;
   
   b.  adding the entry "0000 05 08" to item 12f of his DD Form 214; 
   
   c.  adding the GWOTEM and the GWOTSM to his DD Form 214; and
   
   d.  adding the entry "SERVICE IN KUWAIT FROM 20030404-20030911" to item 18 of 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 amending item 18 of his DD Form 214 to show a deployment in Iraq.



      ____________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)                                         AR20090015137



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ABCMR Record of Proceedings (cont)                                         AR20090015137



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