BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008942 


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 the correct period of time that he held his military occupational specialty (MOS) and award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), and Joint Meritorious Unit Award (JMUA).

2.  The applicant states he was assigned to the 303rd Military Police Company (Combat Support) and served in support of Operation Enduring Freedom at Guantanamo Bay, Cuba, with Joint Task Force Guantanamo (GTMO).

   a.  He states the GWOTEM, GWOTSM, and JMUA for Joint Task Force GTMO were all authorized after he was released from active duty (REFRAD) and they are not shown on his DD Form 214.

	b.  He also states he held MOS 95B1O (Military Police) for 7 years, 2 months, and 12 days and item 11 (Primary Specialty) of his DD Form 214 should be corrected to show this.

3.  The applicant provides copies of his mobilization orders and 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 enlisted in the U.S. Army Reserve for a period of 8 years on
30 July 1996.  He was ordered to initial active duty for training on 15 January 1997.

3.  U.S. Army Chemical and Military Police Centers and Fort McClellan, Fort McClellan, AL, Orders 104-00301, dated 14 April 1997, awarded the applicant MOS 95B1O as his primary MOS effective 16 May 1997.

4.  Headquarters, 88th Regional Support Command, Fort Snelling, MN, Orders M-291-0066, dated 18 October 2002, ordered the applicant to active duty as a member of his Reserve Component unit (303rd Military Police Company (Combat Support), Jackson, MI) in support of Operation Enduring Freedom on 21 October 2002.

5.  The applicant's DD Form 214 shows he entered active duty this period on
21 October 2002 and he was honorably REFRAD on 18 September 2003 based on completion of required active service.  At the time he had completed 10 months and 28 days of net active service; 4 months and 2 days of total prior active service; 5 years, 10 months, and 19 days of total prior inactive service; and 9 months and 5 days of foreign service.

   a.  Item 8a (Last Duty Assignment and Major Command) shows, in pertinent part, "Joint Task Force GTMO." 

   b.  Item 9 (Command To Which Transferred) shows he was transferred to the 303rd Military Police Company (Combat Support), Jackson, MI.

   c.  item 11 shows the entry "95B1O 00  Military Police - - 6 YRS - 4 MOS// NOTHING FOLLOWS."
   
	d.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal, Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal, Humanitarian Service Medal, Armed Forces Reserve Medal with "M" [Mobilization] Device, Army Service Ribbon, Overseas Service Ribbon, and Army Reserve Components Overseas Training Ribbon (2nd Award).

   e.  Item 18 (Remarks) shows he served in Cuba from 4 December 2002 to
8 September 2003.

6.  Headquarters, Department of the Army, General Orders Number 9, dated 
18 November 2005, announced award of the JMUA to Headquarters, Joint Task Force Guantanamo, Naval Base, Guantanamo Bay, Cuba, for the period 
1 November 2002 to 1 November 2003.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The 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 50 states of the United States and outside 200 nautical miles of the shores of the United States.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  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.  Initial award of the GWOTEM was limited to a number of listed countries.  The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE.

   b.  provides for award of the GWOTSM.  This award is authorized for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated AOE 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.  

8.  Army Regulation 635-5 (Personnel Separations - 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.  

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.
   
   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

	    (1)  item 11 from the ERB/ORB, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served. For time determination, 16 days or more count as a month.  Do not count basic training or advanced individual training; and for

       (2)  item 13 list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he held MOS 95B for 7 years, 2 months, and 12 days, and that he was awarded the GWOTEM, GWOTSM, and JMUA.

2.  Records show that the applicant was awarded MOS 95B on 16 May 1997.  His DD Form 214, issued on 18 September 2003, shows he held the MOS for
6 years and 4 months.

   a.  A calculation of the period of time from 16 May 1997 to 18 September 2003 shows that it equates to 6 years, 4 months, and 3 days.

	2003  09  18  date of separation (REFRAD)
         - 1997  05  16  date MOS 95B awarded
         =    06  04  02
         +                  1  day inclusive
         =    06  04  03  total time MOS held at time of separation

   b.  The regulatory guidance for item 11 shows that 16 days or more count as a month [emphasis added].  Accordingly, 15 days or less do not count as a month.



   c.  Thus, the entry in item 11 of the applicant's DD Form 214 is correct.  Moreover, the applicant's contention that he held the MOS for 7 years, 2 months, and 12 days is not supported by the evidence of record.  Therefore, he is not entitled to correction of item 11 of his DD Form 214.

3.  Records show the applicant was ordered to active duty on 21 October 2002 with his unit at Jackson, MI, and he deployed to Cuba on 4 December 2002. Thus, the applicant qualified for award of the GWOTSM for his service (i.e., more than 30 days) in support of the Global War on Terrorism outside the AOE for award of the GWOTEM.  Therefore, it would be appropriate to correct his
DD Form 214 to show this service medal.

4.  Records show the applicant served in Cuba with Joint Task Force GTMO from 4 December 2002 to 8 September 2003.  Thus, the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Cuba).  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

5.  General orders awarded the applicant's unit the JMUA.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

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 adding to item 13 of his 18 September 2003 DD Form 214 the Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Joint Meritorious Unit Award.



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 the period of time that he held his military occupational specialty.



      _______ _   _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)                                         AR20100008942



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont