IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110001464 


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 he was deployed in support of Operation Enduring Freedom and the wartime ribbon for this deployment.  

2.  He states he:

* served in support of Operation Enduring Freedom with the 59th Chemical Corps and was attached to the 548th [Corps Support] Battalion, 10th Mountain Division at Fort Drum, NY
* was deployed on 25 November 2001 and was redeployed on 15 April 2002
* was medically discharged in July 2003
* served his country and his deployment needs to be annotated on his DD Form 214

3.  He provides:

* deployment orders
* memorandum 
* Certificate of Achievement 
* Certificate of Appreciation 
* 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 19 August 2000 after completion of prior active and inactive service.  

3.  Orders published on 8 November 2001 show the 59th Chemical Detachment, Fort Drum, NY, was reassigned to the U.S. Central Command for deployment in support of Operation Enduring Freedom (OEF) with a reporting date of on or about 14 November 2001.  The listing of detachment members is not available.

4.  He provided a memorandum, dated 1 April 2002, which shows he and three other Soldiers were operationally released and cleared for movement to Fort Drum, NY.  

5.  He was awarded a Certificate of Achievement on 14 May 2002 for exceptional meritorious service while assigned to the 59th Chemical Company in support of Operation Enduring Freedom from 11 September 2001 to 30 April 2002.  

6.  He was also awarded a Certificate of Appreciation on 1 June 2002 for exemplary service while attached to the 1st Battalion, 187th Infantry Regiment deployed to Shabaz Air Force Base, Jacobabad, Pakistan in support of Operation Enduring Freedom.  

7.  He was medically discharged on 30 July 2003.  His DD Form 214 shows in:

* Item 12f (Foreign Service) no foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) no medals for deployment in support of Operation Enduring Freedom
* Item 18 (Remarks) no entry for deployment in support of Operation Enduring Freedom
8.  In an email, dated 10 May 2011, the Defense Finance and Accounting Service (DFAS) indicated he received hostile fire pay (HFP)/imminent danger pay (IDP) and Combat Zone Tax Exclusion (CZTE) for the period 26 November 2001 through 8 April 2002 for service in Kuwait.  

9.  References:

	a.  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.  

   b.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) 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 GWOTSM.  
   
   c.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that 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.  

DISCUSSION AND CONCLUSIONS:

1.  His military pay records show he received HFP/IDP and CZTE for the period 26 November 2001 through 8 April 2002 (a period of 4 months and 13 days) for service in Kuwait/Pakistan.  However, his DD Form 214 does not show any awards for his service in Kuwait/Pakistan or any foreign service.  

2.  His Certificate of Achievement and Certificate of Appreciation show he served in support of Operation Enduring Freedom.  
3.  The evidence of record shows he served a period of qualifying service for award of the GWOTEM and GWOTSM and correction of his DD Form 214 to show these awards.  

4.  In addition, it would be appropriate to amend item 12f of his DD Form 214 to reflect 4 months and 13 days of foreign service and to amend item 18 to show his service in Kuwait/Pakistan.  

BOARD VOTE:

__X_____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 12f to show the entry “0000 04 13;”

   b.  amending item 13 by adding award of the GWOTEM and GWOTSM; and
   
	c.  amending item 18 to show the entry “SERVICE IN KUWAIT/PAKISTAN FROM 20011126 TO 20020408.”



      ___________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)                                         AR20110001464





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001464



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1