BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100027457 


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 foreign service in Kuwait. 

2.  The applicant states he completed 6 months of foreign service in Kuwait from November 2001 to May 2002 in support of Operation Enduring Freedom.  He was assigned to A Company, 91st Engineer Battalion, 2nd Brigade Combat Team, 1st Cavalry Division. 

3.  The applicant provides his DD Form 214.

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 2 October 2000 and he held military occupational specialty 12B (Combat Engineer).  He was assigned to
A Company, 91st Engineer Battalion, Fort Hood, TX.

3.  He was discharged from active duty on 13 January 2003.  The DD Form 214 he was issued shows he completed 2 years, 2 months, and 18 days of creditable active service.  This form further shows in:

* Item 12f (Foreign Service) the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Army Service Ribbon 
* Item 18 (Remarks) no entry for service in a designated hostile fire pay/imminent danger pay (HF/IDP) area

4.  On 11 March 2011, the Defense Finance and Accounting Service confirmed the applicant received HF/IDP and combat zone tax exclusion (CZTE) for service in Kuwait from 19 November 2001 through 26 March 2002 for a period of
4 months and 8 days.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states item 12 shows the Record of Service.  Item 12f shows the total amount of foreign service completed during the period covered in by the DD Form 214.  Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD - YYYMMDD).”

6.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal 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.  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. 

7.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal 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 AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to his foreign service, he contends that he served in Kuwait in support of Operation Enduring Freedom from November 2001 through May 2002. There is no evidence of record and he did not provide substantiating evidence to confirm this period of service.  However, DFAS confirms he served in Kuwait from 19 November 2001 through 26 March 2002.  Therefore, he is entitled to correction of Item 12f and Item 18 of his DD Form 214 to show his 4 months and 8 days of foreign service in Kuwait.

2.  The applicant served during a qualifying period of service for the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  04  08";

	b.  adding to item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal; and
	c.  adding to item 18 of his DD Form 214 the entry "Service in Kuwait from 20011119 - 20020326."

2.  The Board further determined that 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 his foreign service in Kuwait from November 2001 to May 2002.



      _________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)                                         AR20100027457



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ABCMR Record of Proceedings (cont)                                         AR20100027457



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