IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100015521 


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) for the period ending 30 April 2002 to show four awards of the Army Achievement Medal (AAM).  In addition, he requests correction of his DD Form 214 to show he was deployed in support of Operation Enduring Freedom (OEF).

2.  He states, in effect, the above awards and his deployment in support of OEF were omitted from his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* a memorandum for record, subject:  Wear of the Shoulder Sleeve Insignia (SSI), dated 12 March 2002
* North Atlantic Treaty Organization (NATO) Travel Orders Number TE-03, issued on 19 September 2001 
* four awards of the AAM
* a Department of the Army Certificate of Training for completing 6 hours of Alcohol and Drug Abuse Prevention Training (ADAPT)

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 7 June 1999 and he successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 12B (Combat Engineer).

3.  Permanent Orders196-3, issued by the 44th Engineer Battalion (Combat), dated 14 July 2000, awarded him the AAM for meritorious service while assigned in the Republic of Korea (ROK) for the period 9 August 1999 through 8 August 2000.

4.  Permanent Orders 291-01, issued by the 528th Support Battalion (Special Operation) (Airborne), Fort Bragg, NC, dated 18 October 2001, awarded him the AAM (1st oak leaf cluster (OLC)) for meritorious achievement while serving as a construction team leader.

5.  Permanent Orders 338-01, issued by the same headquarters, dated
4 December 2001, awarded him the AAM for meritorious service while assigned to build an aircraft mockdoor and parachute landing platform for the Special Operations Command.

6.  Permanent Orders 030-01, issued by the same headquarters, dated
30 January 2002, awarded him the AAM (1st OLC) for meritorious achievement in support of OEF for the period 8 October 2001 to 15 December 2001.

7.  On 30 April 2002, he was discharged from active duty after completing 
3 years, 1 month, and 27 days of total active service.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 30 April 2002 shows the:

* Army Lapel Button 
* Army Achievement Medal
* 
Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge with Driver "T" Bar
* Bronze German Armed Forces Parachutist Badge

9.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "00  11  29" indicating he was credited with completing 11 months and 29 days of foreign service during the period covered by the DD Form 214.  Item 18 (Remarks) does not show he was deployed to a foreign country.

10.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record - II) shows he completed a 12-month tour in the ROK during the period 10 August 1999 through 8 August 2000.

11.  On 22 December 2010, the Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 5 October 2001 through 21 November 2001 for service in Uzbekistan.

12.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 the GWOTSM.

15.  Army Regulation 635-5 (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 preparation of the DD Form 214.  It states:

	a.  for Item 12f, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period) and

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

16.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded four awards of the AAM. 
Therefore, his DD Form 214 should be corrected to show these awards.

2.  The evidence provided by DFAS and the applicant's award of the AAM in support of OEF are accepted as sufficient evidence to show he served in Uzbekistan from 5 October 2001 through 21 November 2001.  Therefore, he is entitled to correction of his DD Form 214 to show in:

	a.  item 12f the entry "01  01  26" to signify his total foreign service in Korea and Uzbekistan.

	b.  item 18 entry "SERVICE IN UZBEKISTAN FROM 20011005 - 20011121."

3.  The applicant served a qualifying period of service for award of the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

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 13 of his DD Form 214 for the period ending 30 April 2002 the Army Achievement Medal;

	b.  deleting from item 12f of his DD Form 214 the entry "00  11  29" and replacing it with the entry "01  01  16";

	c.  adding to item 13 of his DD Form 214 for the period ending 30 April 2002 the:

* Army Achievement Medal (3rd oak leaf cluster)
* National Defense Service Medal
* Global War on Terrorism Expeditionary Service Medal
* Global War on Terrorism Service Medal

	d.  adding to 18 of his DD Form 214 for the period ending 30 April 2002 the entry "SERVICE IN UZBEKISTAN FROM 20011005 - 20011121."



      ____________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)                                         AR20100015521



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ABCMR Record of Proceedings (cont)                                         AR20100015521



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