IN THE CASE OF:	 

		BOARD DATE:	  22 December 2012

		DOCKET NUMBER:  AR20110012864 


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 record to document his deployment to Kuwait and to show award of the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states he was deployed to Kuwait in 2002.  He was stationed at Camp Doha from 25 June through 10 August 2002 and this service was not accounted for and the GWOTSM was not added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides documents related to his deployment and service in Kuwait in support of his application.

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's record shows he was commissioned as a Reserve second lieutenant on 7 September 1981 after serving in the Army National Guard in an enlisted status from 7 September 1978 through 6 September 1981.

3.  On 23 April 2002, the applicant was ordered to active duty in support of Operation Noble Eagle for a period not to exceed 365 days under the authority of Title 10, U.S. Code, section 12301(D).  On 22 May 2002, he reported to active duty and was assigned to Fort Leonard Wood, Missouri.

4.  On 10 June 2002, orders were issued assigning the applicant to U.S. Central Command, MacDill Air Force Base, Florida, in support of Operation Enduring Freedom.  On 19 June 2002, these orders were amended to assign the applicant to Camp Doha, Kuwait.

5.  A Camp Doha installation in-processing record shows the applicant arrived at Camp Doha on 25 June 2002 and an installation out-processing record shows he cleared Camp Doha on 3 August 2002.  A passenger processing record shows he departed Kuwait on 10 August 2002.

6.  On 23 August 2002, the applicant was honorably released from active duty upon completion of required active service after completing 3 months and 2 days of active duty service.  The DD Form 214 he was issued documents no foreign service in item 12f (Foreign Service) and item 18 (Remarks) has no entry showing deployed service in Kuwait.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not include the GWOTSM.

7.  He served continuously in an active Reserve status until 15 September 2009 at which time he was transferred to the Retired Reserve in the rank of major.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-18 provides guidance for the Global War on Terrorism Expeditionary Medal (GWOTEM) and states it is authorized for 30 consecutive days or 60 nonconsecutive days in the area of eligibility (AOE).  Kuwait is an identified AOE.

9.  Paragraph 2-19 of Army Regulation 600-8-22 provides guidance for the GWOTSM and states it is authorized to members who served on active duty for 30 consecutive or 60 nonconsecutive days outside of the designated AOE 


between 9 September 2001 and a date to be determined by the Secretary of Defense.

10.  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.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of contains item-by-item instructions for preparation of the DD Form 214.  The instructions for item 12f state to add all overseas service completed during the period covered by the DD Form 214.  The instructions for item 13 state to add all earned military awards.  The instructions for item 18 state that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:

* ORDERED TO ACTIVE DUTY IN SUPPPORT OF (OPERATION NAME) PER 10 USC (applicable section)
* SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD)
* SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record and DD Form 214 be corrected to document his Kuwait deployment and to add the GWOTSM has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant served on active duty from 23 April through 23 August 2002 and during this period of active duty he served in Kuwait from 25 June through 10 August 2002, as evidenced by deployment orders and processing documents from Kuwait.  As a result, item 12f and item 18 of his DD Form 214 should be corrected accordingly.

3.  Further, based on his active duty service outside of an AOE from 22 May through 25 June 2002, the applicant is eligible for the GWOTSM.  Based on his service in Kuwait from 25 June through 10 August 2002, he is eligible for the GWOTEM.  Therefore, it would be appropriate to add these awards to his record and item 13 of his DD Form 214.



BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending the following items of his DD Form 214 as indicated:

	a.  item 12f – delete the current entry and replace it with the entry "0000  01  16";

	b.  item 13 – add the GWOTEM and GWOTSM; and

c.  item 18 – add the entries:

* ORDERED TO ACTIVE DUTY IN SUPPPORT OF OPERATION NOBLE EAGLE/ENDURING FREEDOM PER 10 USC 12301(D)
* SERVICE IN KUWAIT FROM 20020625-20020810
* SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO     ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND 
ENTITLEMENTS



      ____________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)                                         AR20110012864



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ABCMR Record of Proceedings (cont)                                         AR20110012864



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