IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110012773 


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:

	a.  he be issued an Honorable Discharge Certificate from the U.S. Army Reserve (USAR); and 

	b.  all awards and decorations to which he may be entitled for his service during Operation Iraqi Freedom.

2.  The applicant states he never received proof of his total 8 years of service in the Army.

3.  The applicant provides no documentary evidence.

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 USAR on 30 May 2000 for a period of 8 years under the delayed entry program (DEP).  He was discharged from the USAR DEP on 18 September 2000 and he enlisted in the Regular Army (RA) on 
19 September 2000 for a period of 3 years.  He served as a field artillery tactical data systems specialist.  He was released from active duty on 24 October 2003 and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  Discharge orders show his terminal date of Reserve obligation ends on 29 May 2008.

3.  Item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry "2008 05 29" [29 May 2008].  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon

4.  Item 18 (Remarks) of his DD Form 214 shows, among other entries, he served in Southwest Asia from 6 April 2003 to 21 July 2003. 

5.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 8 April 2003 through 23 July 2003.

6.  There is no derogatory evidence or disciplinary actions in his service personnel records.  

7.  His service personnel records do not contain a discharge certificate from the USAR. 

8.  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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

9.  Army Regulation 600-8-22 further states 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.  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 Kuwait.)

10.  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 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 GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  He contends he never received proof of his total 8 years of service in the Army and his service personnel records do not contain a discharge certificate from the USAR.      

2.  Evidence shows he enlisted in the USAR on 30 May 2000 for a period of 
8 years.  His DD Form 214 shows his Reserve obligation terminated on 29 May 2008.  Since there is no evidence which shows his service in the RA or USAR was anything other than honorable, it would be appropriate to issue him an Honorable Discharge Certificate, dated 29 May 2008, from the USAR.

3.  Based on his service in Southwest Asia/Kuwait, he is entitled to the GWOTEM.  Therefore, his DD Form 214 should be corrected to show this medal.

4.  He served a period of qualifying service for the GWOTSM.  His DD Form 214 should be corrected to show this medal.






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.  issuing him an Honorable Discharge Certificate, dated 29 May 2008, from the USAR; and

	b.  adding the GWOTEM and GWOTSM to item 13 of his DD Form 214. 



      _______ _   _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)                                         AR20110012773





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ABCMR Record of Proceedings (cont)                                         AR20110012773



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