IN THE CASE OF:	  

		BOARD DATE:	    22 July 2010

		DOCKET NUMBER:  AR20090019485 


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 period of foreign service and to show entitlement to the Kuwait Liberation Medal and the Global War on Terrorism Expeditionary Medal.

2.  The applicant states important information relative to his service record was incorrectly entered or omitted.

3.  The applicant provides copies of his DD Form 214, DA Form 638 (Recommendation for Award), Army Achievement Medal Certificate, and a Coalition Joint Task Force Kuwait Certificate of Achievement. 

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 23 July 1997, completed training, and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  He was subsequently awarded MOS 31E (Internment/ Resettlement Specialist).

3.  The applicant was honorably discharged on 25 March 2005 with 7 years, 8 months, and 3 days of total active service.

4.  The documents provided by the applicant show service during Operation Intrinsic Action [Kuwait] in 1999.

5.  The Defense Finance and Accounting Service (DFAS) verified that the applicant served in Kuwait from 15 August 1999 through 18 December 1999.  This is the only period of foreign service of record.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Achievement Medal (3rd award), Global War on Terrorism Service Medal, Army Good Conduct Medal (2nd award), National Defense Service Medal, Noncommissioned Officer's Professional Development Ribbon, Army Service Ribbon, Army Lapel Button, and the Parachutist Badge.  Item 12f (Foreign Service) shows the entry
"0000  00  00" and item 18 (Remarks) does not include an entry for his deployed foreign service.

7.  Army Regulation 600-8-22 (Military Awards) states that:

	a.  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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	b.  the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia (KLM-SA), was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991; and

	c.  the Kuwait Liberation Medal, awarded by the Government of Kuwait
(KLM-KU), was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that:

	a.  for item 12f, enter the total amount of foreign service completed during the period covered by block 12c (Net Active Service This Period) of the DD Form 214; and

	b.  for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the following statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his foreign service time, GWOTEM, and the Kuwait Liberation Medal were omitted from his DD Form 214.

2.  The applicant's period of foreign service in Kuwait is not included in either item 12f or item 18 of his DD Form 214.  Therefore, item 12f should be corrected to show the entry "0000 04 04" and item 18 should show the entry "SERVICE IN KUWAIT FROM 19990815 - 19991218."

3.  The KLM-SA and the KLM-KU were awarded for service during the Persian Gulf War -- the KLM-SA between 17 January 1991 and 28 February 1991 and the KLM-KU between 2 August 1990 and 31 August 1993.  The applicant served in Kuwait from 15 August 1999 through 18 December 1999, which is not within the prescribed service periods.  Therefore, he is not entitled to either medal.

4.  The available records show the applicant served in Kuwait in 1999.  However, the records do not show he served in an area of operation during the qualifying period for entitlement to the Global War on Terrorism Expeditionary Medal.  Therefore, he is not entitled to the GWOTEM.

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 from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  04  04" and

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19990815 - 19991218."

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 entitlement to the Global War on Terrorism Expeditionary Medal, Kuwait Liberation Medal - Saudi Arabia, or the Kuwait Liberation Medal - Kuwait and adding these medals to 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)                                         AR20090019485



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ABCMR Record of Proceedings (cont)                                         AR20090019485



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