IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110010090 


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:

* Foreign service in Djibouti
* Army Commendation Medal (ARCOM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)

2.  The applicant states his DD Form 214 does not show his service in the Republic of Djibouti in support of Operation Enduring Freedom (OEF) nor are his ARCOM or GWOTEM listed.  

3.  The applicant provides a copy of his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no additional statement.

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.  On 5 November 2002, the applicant enlisted in the Regular Army.  He completed his initial training and he was awarded military occupational specialty (MOS) 13F (Fire Support Specialist).

3.  The applicant was honorably discharged on 7 July 2004.  He had completed
1 year, 8 months, and 3 days of creditable active service with no lost time.  His records contain no evidence of any derogatory information.  The DD Form 214 he was issued for this period shows the following entries:

   a.  item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service;

   b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Global War on Terrorism Service Medal 
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

   c.  Item 18 (Remarks) no entry for his deployment to Djibouti.

4.  Permanent Orders Number 299-55, dated 26 October 2003, issued by Company C, 4th Battalion, 31st Infantry, 10th Mountain Division, awarded him the ARCOM for meritorious achievement while serving as a Radio Telephone Operator in support of OEF.

5.  The Defense Finance and Accounting Service (DFAS) confirms he received hostile fire/imminent danger pay and Combat Zone Tax Exclusion for service in Djibouti from 30 April through 17 November 2003.

6.  Army Regulation 600-8-22 (Military Awards) states:


	a.  The 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Djibouti.
	
	b.  The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  

7.  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.  It states, that for:

	a.  item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  item 18 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to list his foreign service in Djibouti and award of the ARCOM and the GWOTEM.

2.  The available evidence is sufficient to amend item 12f of his DD Form 214 to show completion of 6 months and 19 days of foreign service and to correct item 18 to show he served a tour of duty in Djibouti from 30 April to 17 November 2003.



3.  The evidence shows the applicant served a qualifying period of service in an area of eligibility while in Djibouti for award of the Global War on Terrorism Expeditionary Medal.  Therefore, the applicant is entitled to correction of his record to show this service medal.

4.  Permanent orders confirm he was awarded the ARCOM.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

5.  The evidence of record confirms the applicant served honorably on active duty during the period 5 November 2002 through 7 July 2004.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file which would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his records to show this award.

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 all Department of the Army records of the individual concerned be corrected by: 

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
5 November 2002 through 7 July 2004;
   
   b.  amending item 12f of his DD Form 214 to read "0000  06  19";

	c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal    (1st Award), Global War on Terrorism Expeditionary Medal, and the Army Commendation Medal; and

	d.  adding to item 18 of his DD Form 214 the entry:  "SERVICE IN DJIBOUTI FROM 20030430 – 20031117."



      _______ _   _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)                                         AR20110010090





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ABCMR Record of Proceedings (cont)                                         AR20110010090



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