IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100020795


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 his dates of deployment and all of his awards.

2.  The applicant states his deployment dates and some of his awards are not shown on his DD Form 214.  He states the error was due to his inability to find his deployment orders.

3.  The applicant provides:

* memorandum showing the scores for the Army Physical Fitness Test
* Headquarters, 4th Infantry Division (Mechanized), Orders 029-021, dated 29 January 2003
* memorandum for record, dated 23 January 2003
* Headquarters, Walter Reed Army Medical Center, Orders 056-09, dated 25 February 2004
* Headquarters, III Corps and Fort Hood, Orders 076-0212, dated 16 March 2004

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 July 2000.

3.  Permanent Order Number 241-9 was published awarding the applicant the Army Achievement Medal on 29 August 2001.

4.  Permanent Order Number 290-1 was published on 3 September 2002 awarding him a second award of the Army Achievement Medal.

5.  On 29 January 2003, Headquarters, 4th Infantry Division (Mechanized), Orders 029-021 were published directing the applicant to proceed on temporary change of station from Fort Hood, TX, to the Central Command (CENTCOM) area of responsibility in support of Operation Enduring Freedom.  The orders show the effective date was to be a date to be determined by the Forces Command Commander.

6.  The memorandum for record, dated 23 January 2003, verifies the deployment orders and request for issuance of large ruck sacks.  The orders direct deployment of the unit to which the applicant was assigned to the CENTCOM area of operations in Southwest Asia.

7.  Headquarters, Walter Reed Army Medical Center, Orders 056-09 were published on 25 February 2004, reassigning him to his demobilization station upon completion of his duties in support of Operations Eagle/Enduring Freedom. 
The effective date of his reassignment was 4 March 2004.

8.  The applicant was released from active duty on 6 July 2004 and transferred to the 406th Maintenance Battalion.  The DD Form 214 he received does not show his dates of deployment.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Army Lapel Button
* Army Achievement Medal
* Global War on Terrorism Service Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon

9.  The applicant's second award of the Army Achievement Medal is not shown on his DD Form 214.

10.  Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's master military pay account, he received hostile fire/imminent danger pay for service in Kuwait from 31 March 2003 through 9 March 2004.

11.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.

	a.  Item 12 (Foreign Service) will contain only the overseas service completed during the period covered by the DD Form 214.

	b.  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 (Remarks).  Only deployment in an imminent danger/hostile fire zone will be reflected.

12.  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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

13.  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 one of the following criteria including:

	a.  be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or

	b.  is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.

14.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting documents have been considered.

2.  Information obtained from DFAS reveals he received hostile fire/imminent danger pay for service in Kuwait from 31 March 2003 through 9 March 2004.  His foreign service and his dates of deployment should be shown on his DD Form 214.

3.  His records show he received a second award of the Army Achievement Medal.  He is also authorized the Global War on Terrorism Expeditionary Medal and the Overseas Service Ribbon.  His DD Form 214 should be amended 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 the evidence presented is 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 amending his DD Form 214 to add:

* in item 12f – 0000 years, 11 months, and 7 days
* in item 13 –

* Army Achievement Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Overseas Service Ribbon

* in item 18 – "SERVICE IN KUWAIT FROM 20030331-20040309"



      ___________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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100020795



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