IN THE CASE OF:	  

		BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090018192 


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 30 November 2003 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service and the award of the Army Commendation Medal (ARCOM).

2.  The applicant states that his S-1 was deployed and not available to outprocess him at the time of his separation.

3.  The applicant provides a copy of his DD Form 214, DA Form 638 (Recommendation for Award), Memorandum for Record, and Temporary Change of Station (TCS) orders.

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 on 20 January 2000.  He was honorably released from active duty on 30 November 2003.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:  Army Achievement Medal (2nd Award); National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon.

4.  Item 18 (Remarks) of the applicant's DD Form 214 does not show he served overseas.  Item 12f (foreign service) does not show he served overseas.

5.  The applicant provided TCS Orders 42-20, dated 11 February 2003, that show he was deployed in support of Operation Enduring Freedom.  The effective date was listed as on or about 28 February 2003 to 8 March 2003, not to exceed 365 days.  

6.  In a Memorandum for Record, dated 17 June 2003, the commander stated that the applicant served in Kuwait and Iraq during Operation Iraqi Freedom from 20 March 2003 to 3 July 2003.

7.  The DA Form 638, dated 4 March 2004, shows that the applicant was recommended for the award of the ARCOM for the period 20 March 2003 to 
8 July 2003.  This award was approved by the Task Force Commander on 
17 March 2004.  However, permanent orders were not issued and Part V (Orders Data) of the DA Form 638 was not completed.

8.  Information provided by Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and combat zone tax exemption from 19 March 2003 through 3 July 2003  while assigned in Kuwait.

9.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief during the period covered in item 12f.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
10.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

11.  Army Regulation 600-8-22 (Military Awards) states 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.  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 GWOTSM. 

12.  Army Regulation 600-8-22 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 the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the DA Form 638 provided by the applicant does not contain orders data information, this form was approved and signed by the appropriate authority and the period of the award is consistent with the information obtained from DFAS.  Additionally, the applicant's explanation that the S-1 was deployed and not available to outprocess him from the Army could account for the missing orders information.  Therefore, in the interest of justice it would be appropriate to correct his records to show the award of the ARCOM. 

2.  DFAS verified that the applicant received hostile fire pay/imminent danger pay and combat zone tax exemption from 19 March 2003 to 3 July 2003 for Kuwait.  Additionally, the commander stated that the applicant served in both Kuwait and Iraq during Operation Iraqi Freedom.  Therefore, his records will be corrected to show this deployment in item 18 of his DD Form 214.

3.  The available evidence also shows the applicant is entitled to the GWOTSM and the GWOTEM.  Therefore, his DD Form 214 should be corrected to show these awards.

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 the ARCOM, GWOTSM, and the GWOTEM to his 30 November 2003 DD Form 214 and 

	b.  by showing "SERVICE IN KUWAIT/IRAQ FROM 20030319 to 20030703" in 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)                                         AR20090018192





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ABCMR Record of Proceedings (cont)                                         AR20090018192



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