IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100026118
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his foreign service in Operation Enduring Freedom (OEF) and the medals that he is authorized for that service.
2. The applicant states that he was deployed for approximately 3 months in the 2d Ranger Battalion's first rotation of OEF.
3. The applicant provides copies of his DD Form 214 and DA Form 638 (Recommendation for Award) dated 2 July 2002.
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 4 February 2000. He completed training and was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in item 9 (Awards, Decorations, and Campaigns) the Army Service Ribbon, Army Commendation Medal, Army Achievement Medal (2 awards), National Defense Service Medal, Driver-Mechanic Badge, Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. His DD Form 214 shows that on 3 February 2003 he was honorably released from active duty as a specialist/E-4. He completed 3 years of total active service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, Army Achievement Medal (2 Awards), National Defense Service Medal, Army Service Ribbon, Parachutist Badge, and the Driver and Mechanic Badge with Mechanic Bar.
5. Item 12f (Foreign Service) of this DD Form 214 shows no service.
6. The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) in Oman from 28 March 2002 through
3 July 2002.
7. 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.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states item 18 (Remarks) is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries. For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was deployed in support of operations in Oman from 28 March 2002 through 3 July 2002. Therefore, his DD Form 214 should be corrected to show award of the Global War on Terrorism Expeditionary Medal.
2. Item 12f of his DD Form 214 should be corrected to show he completed
"00 03 06."
3. Item 18 of his DD Form 214 should be corrected to show his deployment.
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:
a. deleting the entry in item 12f of his DD Form 214 and adding "00 03 06";
b. adding to item 18 of his DD Form 214 "SERVICE IN OMAN FROM "20020328-20020703"; and
c. adding to item 13 of this DD Form 214 the Global War on Terrorism Expeditionary Medal.
___________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) AR20100014430
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ABCMR Record of Proceedings (cont) AR20100026118
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