IN THE CASE OF:	  

		BOARD DATE:	28 July 2011

		DOCKET NUMBER:  AR20110002138


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* missing active service in Item 12c (Net Active Service This Period) 
* missing overseas service in Item 12f (Foreign Service) 
* missing service awards in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)

2.  The applicant states, in effect, his DD Form 214 does not show his service awards and overseas service. 

3.  The applicant provides his DD Form 214 and a DA Form 4187 (Personnel Action).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA), for a term of 3 years and            16 weeks, on 26 April 2007.  He completed training and was awarded military occupational specialty 21B (Combat Engineer).  Upon his completion of training he was assigned to Company E, 2nd Battalion, 5th Cavalry Regiment,              1st Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX.  

2.  On 23 February 2009, he was discharged from the Army under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, and given an under honorable conditions (general) characterization of service.  His DD Form 214 shows in: 

* Item 12c - 1 year, 5 months, and 27 days of active service
* Item 12f does not show the completion of any foreign service
* Item 13 - National Defense Service Medal and Army Service Ribbon
* Item 18 (Remarks) shows 4 months and 1 day of lost time: 20080709 – 20080712 (4 days); 20080902 – 20080915 (14 days); and 20080923 – 20090105 (103 days) 

3.  The Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for Kuwait from 6 October 2007 through 15 January 2008.

4.  His available service record is void of any documentation showing he was deployed in support of OIF or OEF.

5.  He provides a DA Form 4187, which assigns him from Headquarters,         2nd Battalion, 5th Cavalry Regiment to Company E, 2nd Battalion, 5th Cavalry Regiment, effective 12 October 2007.  Both units were in Iraq during this period; however, exact dates of service in Iraq cannot be established.

6.  Army Regulation 600-8-22 (Military Awards) 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 the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  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 GWOTSM. 

7.  Army Regulation 600-8-22 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 GWOT operations on or after 11 September 2001 to a date to be determined.  The general 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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  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 duty service or control of the Active Army.  

   a. Item 12f of the DD Form 214 documents the total amount of foreign service completed during the period of service represented in item 12c (Net Active Service This Period).

   b. Item 13 lists awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

	c.  Item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.  For an active duty Soldier, deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM YYYYMMDD-YYYYMMDD."

	d.  Item 29 shows time lost and is subtracted from Net Active Service This Period (block 12c) if the lost time was not "made good."  Lost time under Title 10, U.S. Code (USC), section 972 is not creditable service for pay, retirement, or veteran’s benefits.  However, the Army preserves a record (even after time is made up) to explain which service between date of entry on active duty (block 12a) and separation date (block 12b) is creditable service.  For enlisted Soldiers, item 29 shows inclusive periods of time lost to be made good under Title 10, USC, section 972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was deployed to Kuwait during the period   6 October 2007 through 15 January 2008; therefore, he is entitled to correction of his DD Form 214 to show:

* in Item 12f, 3 months and 10 days of foreign service
* in Item 13, the GWOTSM and GWOTEM 
* in Item 18, Service in Kuwait from 20071006 – 20080115   

2.  The evidence of record does not show his exact dates, or period of, his deployment to Iraq.  Barring specific evidence showing dates and locations of deployments outside of Kuwait, there is insufficient evidence to grant further combat service awards.  

3.  He contends item 12c of his DD Form 214 should be corrected to show his total active service.  The period of service between the date he entered active duty and the date he was discharged equals 1 year, 9 months, and 28 days.  The evidence further shows that he was credited with 4 months and 1 day of lost time, which when subtracted from the total period of service, reduces the net active service reflected in Item 12c to 1 year, 5 months, and 27 days.  Accordingly, the period of net active service reflected in item 12c of his DD Form 214 is correct and he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL 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:

* amending Item 12f of his DD Form 214 to show "0000-03-10"
* amending Item 13 of his DD Form 214 to add the GWOTSM and GWOTEM
* amending Item 18 of his DD Form 214 to add "Service in Kuwait from 20071006 – 20080115"   

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 correcting Item 12c of his DD Form 214 to show an increased period of net active service during this period of active duty.


      _________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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20110002138



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