IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100023636 


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:

* award of the Armed Forces Expeditionary Medal
* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this medal and the Army Good Conduct Medal
* correction of his DD Form 214 to show his foreign service in Saudi Arabia in support of Operation Desert Spring, including the country, city, dates, or the operations

2.  The applicant states he was awarded the Army Good Conduct Medal, but it is not shown on his DD Form 214.  Additionally, he served in Saudi Arabia on a temporary change of station (TCS) in support of Operation Desert Spring from 17 September 2000 to 11 March 2001.  However, neither his command nor his home unit awarded him the Armed Forces Expeditionary Medal for this deployment.  It may have been an oversight due to the fact that he deployed individually rather than as part of a unit.  Nevertheless, during his deployment he carried out numerous strikes at Iraqi targets while enforcing the southern no-fly zone and on 12 October 2000 during the bombing of the U.S. Ship Cole in Yemen.  The omission of his awards and deployment does not accurately reflect his military service.

3.  The applicant provides:

* DD Form 214
* Orders 249-02 (TCS orders) and 1st endorsement
* memorandum of participation in "Operation Desert Shift"
* permanent orders, certificate, and citation for award of the Joint Service Achievement Medal
* orders and certificate for award of the Army Good Conduct Medal (1st Award)

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 record shows he enlisted in the Regular Army on 30 August 1999 and held military occupational specialty 19K (M-1 Armor Crewmember).  He was assigned to the 1st Battalion, 66th Armor, Fort Hood, TX.

3.  On 5 September 2000, Headquarters, 4th Infantry Division, Fort Hood, TX, published Orders 249-02 ordering him to proceed in a TCS status from Fort Hood, TX, to Saudi Arabia on or about 10 September 2000 in support of U.S. Army Central Command (Forward), Saudi Arabia.

4.  On 17 September 2000, he was further assigned to the U.S. Army Support Activity, U.S. Military Training Mission, Saudi Arabia.  According to a memorandum from his Adjutant General, dated 11 March 2011, he served with this unit from 17 September 2000 to 11 March 2001.

5.  On 3 February 2001, the U.S. Military Training Mission, U.S. Central Command, published Permanent Orders GB-0020 awarding him the Joint Service Achievement Medal for meritorious service from 14 September 2000 to 12 March 2001.

6.  On 10 July 2002, Headquarters, 1st Battalion, 66th Armor Regiment, Fort Hood, TX, published Permanent Order 191-07 awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 August 1999 to 25 August 2002.

7.  He was honorably released from active duty on 29 August 2002 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 indicates in:

	a.  item 12f (Foreign Service) the entry "0000  05  25,"

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Lapel Button
* Joint Service Achievement Medal
* Army Achievement Medal (4th Award)
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

	c.  item 18 (Remarks) no entries for service in a hazardous fire/imminent danger pay (HF/IDP) area.

8.  An email, dated 19 April 2011, from the Defense Finance and Accounting Service, Indianapolis, IN, shows the applicant received HF/IDP and combat zone tax exclusion (CZTE) for service from 16 September 2000 to 15 March 2001 for service in Saudi Arabia.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Armed Forces Expeditionary Medal is authorized for participants 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.  Qualifying service for Southwest Asia operations includes participation in Operation Southern Watch (1 December 1995 to 18 March 2003), Maritime Intercept Operation (1 December 1995 to 18 March 2003), Vigilant Sentinel (1 December 1995 to 15 February 1997), Operation Northern Watch (1 January 1997 to 18 March 2003), Operation Desert Thunder (11 November 1998 to 22 December 1998), Operation Desert Fox (16 December 1998 to 22 December 1998), and Operation Desert Spring (31 December 1998 to 18 March 2003).

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* item 12f to enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, to enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  With respect to his dates of deployment, his TCS orders show he deployed on or about 10 September 2000.  The Adjutant General certified his period of service in Saudi Arabia was from 17 September 2000 to 11 March 2001.  His pay records show he received HF/IDP and CZTE for service from 16 September 2000 to 15 March 2001.  All these dates are consistent with each other.  However, the orders that awarded him the Joint Service Achievement Medal show he served in Saudi Arabia from 14 September 2000 to 12 March 2001, a period of 5 months and 25 days.  These dates appear to be the most accurate and should be shown on his DD Form 214.

2.  The applicant completed 5 months and 25 days of foreign service in Saudi Arabia.  This period of foreign service is appropriately shown in item 12f of his DD Form 214.  There is no provision in the governing regulation to list the location of the foreign service in item 12f.

3.  Permanent orders awarded the applicant the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows the applicant served in Saudi Arabia from 15 September 2000 to 11 March 2001 in support of Operation Desert Spring which is a qualifying period for award of the Armed Forces Expeditionary Medal; therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award) and the Armed Forces Expeditionary Medal and

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 20000915-20010312."

2.  The Board further determined 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 a specific city or operations to his foreign service.



      _________________________
                 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)                                         AR20100023636



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ABCMR Record of Proceedings (cont)                                         AR20100023636



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