IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100014391 


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 addition of the Armed Forces Expeditionary Medal (AFEM) to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states he earned the medal as a member of the Task Force, 1st Battalion (Headhunters), 9th Cavalry Regiment, during its deployment to Kuwait for Operation Desert Spring (Intrinsic Action 00-02).  He was also deployed with Task Force, 3rd Battalion, 8th Calvary Regiment, for 1 year (01-02).  He wishes to become a member of the Veterans of Foreign Wars and would become eligible if his DD Form 214 reflected the AFEM.

3.  He provides certificates for meritorious achievement and for the AFEM.

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 military records show he enlisted in the Regular Army on 21 October 1998, for 4 years.  He completed training and was awarded military occupational specialty 19K (M1 Armor Crewman).  

3.  He provided a Certificate of Achievement awarding him the AFEM for meritorious achievement as a member of Task Force, 1st Battalion (Headhunters), 9th Cavalry Regiment, during it deployment to Kuwait for Operation Desert Spring (Intrinsic Action 00-02).  He also provided a Certificate of Achievement for exceptionally meritorious achievement as a member of Task Force, 1st Battalion (Headhunters), 9th Cavalry Regiment, during Operation Desert Spring 00-02 in Kuwait from 15 April to 15 August 2000.

4.  He was honorably released from active duty on 20 October 2002, for completion of required active service, and transferred to the U.S. Army Reserve Control Group.  Item 12 (Foreign Service) shows zero credit for foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the Army Lapel Button, National Defense Service Medal, Noncommissioned Officer's Professional Development Ribbon, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Small Bore Pistol Bar.  Item 18 (Remarks) also does not contain an entry to show he deployed to Kuwait during his period of active service.  

6.  The available evidence does not show he was awarded the Army Good Conduct Medal for this period of service from 21 October 1998 to 20 October 2001.

7.  A staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, verified that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 20 April 2000 through 18 August 2000 and from 17 April 2001 through 10 August 2001.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214, 

	b.  item 13, enter awards and decorations for all periods of service, and

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

9.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  It was authorized for Operation Desert Spring during the period 31 December 1998 to 18 March 2003.

10.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award for each 3 years completed on or after 27 August 1940.

11.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows from 20 April 2000 through 18 August 2000 and from 17 April 2001 through 10 August 2001 the applicant served in Kuwait, for a total period of 7 months and 25 days.  Therefore, item 12f of his DD Form 214 should be corrected to show he served 7 months and 25 days of foreign service.  Correction of Item 12f does not require any adjustment to the other blocks in Item 12 (Statement of Service) of his DD Form 214.  Item 18 of his DD Form 214 should also be corrected to show the entry, "Service in Kuwait from 20000420 - 20000818 and from 20010417 - 20010810."

2.  The evidence also shows he was awarded the AFEM during his deployment in Kuwait for Operation Desert Spring in 2000.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence also shows he completed a qualifying period of service for award of the Army Good Conduct Medal (First Award) from 21 October 1998 to 20 October 2001.  There is no evidence that his commander ever disqualified him from receiving the award and there is no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, it is concluded he met the basic qualifications for award of the Good Conduct Medal and it would be appropriate to award him this medal and add it to his DD Form 214.

4.  The evidence further confirms he served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  deleting from Item 12f of his DD Form 214 the entry "00  00  00" and replacing it with the entry "00  07  25"; 

	b.  awarding the applicant the Army Good Conduct Medal for the period 21 October 1998 to 20 October 2001; 

   c.  adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal, Army Good Conduct Medal, and Global War on Terrorism Service Medal;
   d.  adding to item 18 of his DD Form 214 the entry "Service in Kuwait from 20000420 - 20000818 and from 20010417 - 20010810"; and

	e.  providing him a document that includes the above corrections.



      _______ _   _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)                                         AR20100014391





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ABCMR Record of Proceedings (cont)                                         AR20100014391



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