IN THE CASE OF:	  

		BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20110000297 


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 Afghanistan. 

2.  The applicant states he served in Kandahar, Afghanistan, from 2002 through 2003.  

3.  The applicant provides:

* DD Form 214
* Orders 136-303 (unit temporary change of station (TCS) orders)
* North Atlantic Treaty Organization (NATO) Travel Order
* letter from his commander
* redeployment packing list
* Officer Record Brief
* Orders 077-0016 (separation orders)
* Orders 157-04 (amendment orders)

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 records show he was appointed as a Reserve commissioned officer and executed an oath of office on 13 April 2000.  He entered active duty on the same date.  He completed the Adjutant General Officer Basic Course and he was subsequently reassigned to the 175th Postal Company, Fort Lewis, WA.

3.  On 16 May 2002, Headquarters, I Corps, Fort Lewis, WA, published Orders 136-303 ordering the 175th Postal Company on a TCS move to the U.S. Central Command area of operations, Kuwait, in support of Operation Enduring Freedom (OEF) effective on or about 15 June 2002.  The orders listed the entry "hostile fire pay (HFP)/imminent danger pay/IDP) authorized in Kuwait, Afghanistan, and Bahrain."

4.  In conjunction with this TCS move, he was issued a NATO Travel Order for travel through Turkey on or about 15 June 2002.

5.  On 19 June 2002, the applicant's battalion commander provided his spouse with information and literature to help her cope with the applicant's absence while he was deployed to Afghanistan in support of OEF.

6.  He was honorably released from active duty on 12 April 2003 and he was assigned to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued shows he completed 3 years of creditable active military service.  This form further shows the following entries:

* item 12f (Foreign Service) shows the entry "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, and Army Service Ribbon 
* item 18 (Remarks) does not list service in a designated HFP/IDP area

7.  An email from the Defense Finance and Accounting Service, dated 26 April 2011, shows he received HFP/IDP and combat zone tax exclusion for service in Uzbekistan from 18 June 2002 to 11 February 2003.

8.  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.  Item 12f is obtained from the Enlisted/Officer Record Brief and shows the total amount of foreign service completed during the period covered by the DD Form 214.  Additionally, 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-YYYMMDD)" is entered in item 18.

9.  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 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 50 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 this award.  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.

10.  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 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, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.  The applicant completed 7 months and 25 days of foreign service in support of OEF.

	a.  The exact location of his foreign service is unclear as his unit TCS orders list the location of his foreign service as Kuwait, his commander's letter to his spouse lists Afghanistan, his NATO Travel Order lists Turkey, and his DFAS records list Uzbekistan.  Nevertheless, the TCS orders also list an entry authorizing him HFP/IDP for Kuwait and Afghanistan.

	b.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show completion of 7 months and 25 days of foreign service and item 18 to show this foreign service in Kuwait and Afghanistan.

2.  This period of service also entitles him to award of the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal as well as correction of his DD Form 214 to show both 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:

* deleting from item 12f of his DD Form 214 the entry "0000  00  00" and adding the entry "0000  07   25"
* adding to item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal
* adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/AFGHANISTAN FROM 20020618-20030211"



      _______ _  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)                                         AR20110000297



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ABCMR Record of Proceedings (cont)                                         AR20110000297



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