IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100009416 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected:

   a.  In item 12a, Date Entered AD [Active Duty] This Period, from reading 2002  07  01 (1 July 2002) to 1995  08  03 (3 August 1995);
   
   b.  In Item 12f, Foreign Service, from reading 0000  00  00 to a period of time which would include his 47 months in Italy, his 10 months in Korea, and his 5 months in Afghanistan and Iraq;
   
   c.  In Item 12e, Total Prior Inactive Service, from reading 0000  00  00 to reading a period of time which would show the time he spent in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) (21 June 1985 to 11 June 1986); and
   
   d.  In Item 13, Decorations, Medals, Citations and Campaign Ribbons Awarded or Authorized, to add the Afghanistan Campaign Medal.

2.  The applicant states that he has attached documents which will show the contested entries are incorrect.

3.  The applicant provides his two DD Forms 214, his initial appointment memorandum as a warrant officer, oath of office, DA Form 638 (Recommendation for Award), and a memorandum showing he is authorized to wear his unit patch on his right shoulder (denoting combat service with the unit) and the Global War on Terrorism Expeditionary Medal for his service during Operations Enduring  and Iraqi Freedom.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the USAR DEP on 21 June 1985.  The DD Form 4 (Enlistment/Reenlistment Document Armed Forced of the United States) he signed states in the remarks section 
"I UNDERSTAND THAT UNDER PUBLIC LAW 98-525, 19 OCTOBER 1984, ANY PERIOD OF TIME IN THE DEP IS NOT CREDITABLE FOR PAY PURPOSES UPON ENTRY INTO A PAY STATUS."  

2.  He enlisted in the Regular Army on 12 June 1986, was awarded the military occupational specialty of parachute rigger, and was promoted to pay grade E-6.

3.  On 2 August 1995, he was honorably discharged to accept a warrant in the Army.  The DD Forms 214 he was issued shows:

* In Item 12f, he served 3 years, 11 months, and 5 days of foreign service
* In Item 12e, that he had 0000  00  00 days/months/years of prior inactive service
* In Item 18, that he was in the DEP from 21 June 1985 to 11 June 1986

4.  On 3 August 1995, the applicant was appointed as a warrant officer.

5.  The applicant remained on active duty, was promoted to chief warrant 
officer 4 (CW4) and honorably retired on 31 August 2009.  The applicant's awards and decorations reflected on this DD Form 214 include the GWOTEM and Korea Defense Service Medal.  Item 12f shows 0000  00  00 which denotes no foreign service.  Item 12c, Net Active Service This Period, has 14  00  28 (14 years and 28 days) entered.  Subtracted from his date of separation, this equals:

		2009  08  31
      -     14  00  28
		1995  08  03

6.  The DA Form 638 provided by the applicant does not show dates of overseas service.  It only lists the period covered by the award.  The memorandum submitted by the applicant shows that he served in the Central Command (CENTCOM) area of responsibility from 29 October 2005 to 16 February 2006.

7.  The applicant's Officer Record Brief shows he served 5 months in Qatar for a period ending 1 February 2006; he served in Korea for 12 months for a period ending 1 March 2002; and he served 47 months in Italy for the period ending 1 May 1993.

8.  The Department of Defense Pay Manual (DODPM), paragraph 10103j, states that assignment to the DEP is not creditable service if a member enlists in the DEP after 1 January 1985.

9.  Army Regulation 635-5 (Separation Documents) states that for:

   a.  Item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

   b.  Item 12e, from previously issued DD Forms 214 and/or Enlisted Record Brief/Officer Record Brief (ERB/ORB), enter the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory military service obligation, and will be entered in block 18.
   
   c.  Item 12f, from the ERB/ORB, enter the total amount of foreign service completed during the period covered in block 12c.
   
   d.  Item 18, when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD)."
   
10.  This regulation does not contain any provisions for specifying the location or duration of specific assignments covered by the total period of foreign service recorded on the report of separation.

11.  Headquarters, U.S. Army Human Resources Command message, dated 17 March 2004, announced implementing instructions for the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM).  In pertinent part, the message states that these medals will be awarded to recognize all members of the armed forces of the United States serving in or in support of the Global War on Terrorism operations, on or after 11 September 2001 to date to be determined. 

12.  Initial award of the GWOTEM is limited to Soldiers deployed abroad in operations Enduring Freedom and Iraqi Freedom in the following Department of Defense designated specific geographic areas of eligibility: Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 degrees east latitude) Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, 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, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  To be eligible, for the GWOTEM a Soldier must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days.

13.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties; (2) is wounded or injured and requires medical evacuation from the area of eligibility; or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility.  However, no service member shall be entitled to award of a campaign medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.  

14.  In the processing of this case the Defense Finance and Accounting Service (DFAS) was contracted.  DFAS determined through finance records that the applicant arrived in Korea on 26 April 2001 and departed Korea on 25 February 2002.  In addition, he received Hostile Fire/Imminent Danger Pay (HF/IDP) and Combat Zone Tax Exclusion (CZTE) from 30 October 2005 through 15 February 2006 for service in Qatar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's last DD Form 214 has an obvious error in the date entered in Item 12a.  He was discharged from his enlisted status on 2 August 1995 and continued on active duty as a warrant officer.  The Net Active Service This Period entry on his DD Form 214 confirms this error.  The correct entry would be 3 August 1995.

2.  Time spent in the DEP is not creditable service.  The applicant's DEP time is properly not reflected in Item 12e.  The applicant's DEP time is properly entered in the remarks section of his first DD Form 214.  Since he had completed his MSO during his enlisted service, there was no need for that entry on his DD Form 214 as an officer.

3.  The applicant has not submitted, and his records do not contain, any documents to show his actual dates of overseas assignments.  However, the applicant's ORB shows his assignment to Italy was during a time that was covered by the DD Form 214 he was given as an enlisted Soldier.  Therefore, his foreign service in Italy is properly not entered on the DD Form 214 he was given as an officer.  The DFAS has confirmed that the applicant served in Korea from 26 April 2001 to 25 February 2002.  In addition, he received Hostile Fire/Imminent Danger Pay (HF/IDP) and Combat Zone Tax Exclusion (CZTE) from 30 October 2005 through 15 February 2006 for service in Qatar.

4.  Therefore, he has 1 year, 1 month, and 15 days of foreign service as an officer which should be entered on his DD Form 214

		2002  02  25							2006  02  15
	-	2001  04  26						  -	2005  10  10
-              09  29						  -            03  15
	+	                 1 day inclusive		  +                    1 day inclusive
	=             10  00                        	  =            03  16


	 	    10  00
	+ 	      3  16
		1	1  16

5.  In addition, since the applicant was deployed to Qatar, he should have the dates of his deployment entered in the remarks section of the DD Form 214 he was given as an officer.

6.  There is no evidence that the applicant was deployed to Afghanistan.  In addition, the applicant was awarded the GWOTEM and cannot be awarded a campaign medal for the same period covered by the GWOTEM.  As such, there is insufficient evidence to adding the Afghanistan Campaign Medal to the applicant's DD Form 214.


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 amending his DD Form 214 for the period ending 31 August 2009:

   a.  from reading in Item 12a "2002  07  01" to reading "1995  08  03";
   
   b.  from reading in Item 12f "0000  00  00" to reading "0001  01  16"; and
   
   c.  in Item 18, to add "SERVICE IN QATAR FROM 20051030 TO 20060215."

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 adding the Afghanistan Campaign Medal 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)                                         AR20100009416



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proce