BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100008380 


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 participation in Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).

2.  The applicant states, in effect, the omission of his foreign service time occurred at Fort Bliss, Texas during his final out-processing from the Army.

3.  The applicant provides the following:

* Department of Veterans Affairs (VA) Decision Rating Memorandum
* A copy of a benefits document from the VA website
* Copies of several certificates for achievement and commendation for service during OEF and OIF.
* A copy of his DD Form 214

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 initially enlisted in the United States Army Reserve (USAR) in the Delayed Entry Program (DEP) on 26 June 2000 for a period of 8 years.  He was released from DEP status on 24 July 2000 and enlisted in the Regular Army on 25 July 2000 for a period 4 years.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist).  

3.  Item 18 (Remarks) of the applicant's DD Form 214 shows an entry of “SERVICE IN SOUTHWEST ASIA FROM 20030203-20030503."  No other foreign service entries are annotated.  

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal, National Defense Service Medal, Armed Forces Expeditionary Medal (AFEM), and the Army Service Ribbon.

5.  His DD Form 214 shows he was discharged under honorable conditions on 
27 January 2004.  He served a total of 3 years, 6 months, and 3 days of net active service with no lost time. 

6.  Several certificates of achievement show the applicant was recognized for exceptionally meritorious achievement during his assignment in support of OEF/OIF.  The certificates are signed by Army colonels and lieutenant colonels.

7.  A copy of an electronic mail (email) transmission between the ABCMR and the Defense Finance and Accounting Services (DFAS), dated 12 July 2010, shows the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for Kuwait during the period 12 June 2001 through 27 October 2001 for a total of 4 months and 16 days.  He was also credited with service in Jordan during the period 7 February 2003 through 2 May 2003 for a total of 2 months and 26 days.

8.  Review of the applicant's personnel records indicates that he is entitled to additional awards which are not shown on his DD Form 214.

9.  The applicant's DD Form 214 does not indicate he was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Global War on Terrorism Service Medal (GWOTSM).  
10.  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 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. 

11.  Army Regulation 600-8-22 further states 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 meet one of the following criteria including:  (1) 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; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) 

12.  In pertinent part, the initial award of the GWOTEM was limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM to include service in Kuwait and Jordan.

13.  U.S. Army Human Resources Command message, dated 17 March 2004, disseminated implementing instructions for award of the GWOTSM.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the GWOTEM on or after 11 September 2001 to a 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 this award.

14.  Soldiers may receive both the GWOTEM and the GWOTSM if they meet the requirements for both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.  Battalion commanders and commanders of separate units are authorized to award the GWOTSM to qualified personnel.  Permanent orders are not required.

15.  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 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.

16.  Paragraph 2-4 of Army Regulation 635-5 also indicates that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following statement will be entered in item 18 of the DD Form 214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show he participated in OEF/OIF was carefully considered and was found to be supported by the evidence.

2.  An email transmission between DFAS and the ABCMR confirmed the applicant received HFP/IDP and CTZE while serving in Kuwait during the period 12 June 2001 through 27 October 2001 and in Jordan during the period 7 February 2003 through 2 May 2003. 

3.  The applicant's records show he served on active duty outside his periods of service in support of OEF/OIF.  Regulatory guidance states all Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized award of the GWOTSM.  Therefore he is entitled to award of the GWOTSM and to have this award reflected on his DD Form 214.  

4.  His records also indicate he received the AFEM.  It is safe to presume the period of service for that award was during his service in Kuwait during the period 12 June 2001 through 27 October 2001.  The email transmission between ABCMR and DFAS indicates he served in Jordan during the period 7 February 2003 through 2 May 2003 for a total of 2 months and 26 days.  It would be appropriate to award him the GWOTEM for this period of service.  In view of the foregoing, his records should be corrected to add the GWOTEM. 

5.  The evidence confirms that during the period covered by the DD Form 214 for the period ending 27 January 2004, the applicant served in Kuwait and in Jordan. As a result, it would be appropriate to amend his DD Form 214 by deleting the entry in item 18 “SERVICE IN SOUTHWEST ASIA FROM 20030203-20030503” 
and replacing it with the entry “SERVICE IN JORDAN FROM 20030207-20030503."  Furthermore, the following entry should be added to item 18:  "SERVICE IN KUWAIT FROM 20010612-20011027."

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  amending his DD Form 214 for the period ending 27 January 2004 as follows:

	a.  item 13 - add the GWOTEM and the GWOTSM, 

	b.  Item 18 – deleting the entry “SERVICE IN SOUTHWEST ASIA FROM 20030203-20030503” and replacing it with the entry “SERVICE IN JORDAN FROM 20030207-20030503, and 

      c.  Item 18 – adding the entry "SERVICE IN KUWAIT FROM 20010612-20011027."



      _______ _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)                                         AR20100008380





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)