IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110005675 


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) with a separation date of 26 March 2003 to show his deployments to Kosovo and Kuwait in 2001 to 2002.  He also requests that any awards for these deployments be added to his DD Form 214.

2.  The applicant states his DD Form 214 does not show any awards for these deployments.

3.  The applicant provides an electrocardiographic record, dated 19 August 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.  He enlisted in the Regular Army on 4 June 1999.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember).

3.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for Kuwait from 20 December 2001 through 16 May 2002.

4.  On 26 March 2003, he was released from active duty by reason of hardship.  He completed 3 years, 9 months, and 23 days of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* Army Achievement Medal (4th Award)
* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button

5.  His DA Form 2-1 (Personnel Qualification Record) does not show a deployment to Kosovo or Kuwait.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 areas of eligibility (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.

	b.  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 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 the Global War on Terrorism Expeditionary Medal.  The initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait and Kosovo (only specific Global War on Terrorism operations not associated with operations qualifying for the Kosovo Campaign Medal).

7.  Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  He states he was deployed to Kuwait and Kosovo in 2001 to 2002.  DFAS confirms he received HFP/IDP and CZTE for Kuwait from 20 December 2001 through 16 May 2002.  Therefore, the dates provided by DFAS are accepted as his dates of deployment to Kuwait.  However, there is insufficient evidence to show he was deployed to Kosovo or the dates he was deployed there.  Therefore, it is appropriate to amend item 18 of his DD Form 214 by adding the entry:  "SERVICE IN KUWAIT FROM 20011220-20020516."

2.  Based on his service in Kuwait he is authorized the Global War on Terrorism Expeditionary Medal.

3.  Based on his period of service he is authorized the Global War on Terrorism Service Medal.

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 his DD Form 214 with a separation date of 26 March 2003 as follows:

	a.  item 13 – add the:

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

	b.  item 18 – add the entry:  "SERVICE IN KUWAIT FROM 20011220-20020516."

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 a deployment to Kosovo.



      ____________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)                                         AR20110005675



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ABCMR Record of Proceedings (cont)                                         AR20110005675



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