BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100020550 


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, in effect, item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment in Iraq.

2.  The applicant states:

* He served in Operation Iraqi Freedom from 4 April 2003 to 17 October 2003
* He served with Company D, 204th Forward Support Battalion, 4th Infantry Division and was stationed in Iraq
* It's an embarrassment and insult that he knows he served in Iraq and has Post Traumatic Stress Disorder but there is no proof on his DD Form 214  
* He thinks this information was left off his DD Form 214 by human error

3.  The applicant provides no documentary evidence in support of his application.

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 13 February 2001 and trained as a wheel vehicle repairer.  On 13 February 2004, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "0000  00  00."  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Lapel Button, National Defense Service Medal, and Army Service Ribbon as authorized awards.  Item 18 of his DD Form 214 does not show any deployments.

4.  Records at the Defense Finance and Accounting Service (DFAS) show he received hostile fire/imminent danger pay during the period 8 April 2003 to 
20 October 2003 in Kuwait (total of 7 months and 12 days).

5.  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 policy for the preparation of the DD Form 214.  The regulation states, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

6.  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 in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 



7.  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 other, specified criteria. 

8.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait.

9.  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 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. 

10.  Information obtained from the internet states in March 2003 the 204th Forward Support Battalion (an element of 2nd Brigade, 4th Infantry Division) deployed to the Middle East in support of Operation Iraqi Freedom.  The units of the Brigade crossed the border into Iraq in the early dawn hours of 14 April 2004.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was stationed in Iraq during his deployment in support of Operation Iraqi Freedom.  However, there is no evidence and he failed to provide any evidence to support this contention.  Information from the internet states units of his Brigade crossed the border into Iraq on 14 April 2004; his deployment ended in October 2003.   

2.  Since DFAS information shows he served in Kuwait, item 18 of his DD Form 214 should be corrected to show he served in Kuwait from 8 April 2003 to 20 October 2003.

3.  As a related issue and based on the applicant's service in Kuwait, he is eligible for the GWOTEM.  In addition, item 12f of his DD Form 214 should be corrected to show he served 7 months and 12 days of foreign service.

4.  He also served a period of qualifying service for award of the GWOTSM.  His DD Form 214 should be corrected to show this medal.





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.  adding the entry "SERVICE IN KUWAIT FROM 20030408-20031020" to item 18 of his DD Form 214;

	b.  deleting the entry from item 12f of his DD Form 214 and replacing it with "0000  07  12"; and

	c.  adding the GWOTEM and GWOTSM to item 13 of 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)                                         AR20100020550



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ABCMR Record of Proceedings (cont)                                         AR20100020550



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