IN THE CASE OF:	  

		BOARD DATE:	  23 February 2012

		DOCKET NUMBER:  AR20110015297 


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 his deployed overseas service.  In an email to a member of the Board's staff he amended his request to include correction of his DD Form 214 to show the Global War on Terrorism Expeditionary Medal (GWOTEM) and Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states he was deployed in support of Operation Infinite Justice (now named Operation Enduring Freedom (OEF)).

3.  The applicant provides:

* his DD Form 214
* Headquarters, XVIII Airborne Corps and Fort Bragg Orders 264-032 with attached list of personnel

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 Regular Army on 29 September 1999.  He was trained in and awarded military occupational specialty 55B (ammunition specialist).

3.  Orders 264-032, dated 21 September 2001, with an attached list of personnel containing his name, show his unit received temporary change of station orders in support of Operation Infinite Justice with a report date of 22 September 2001.

4.  He was released from active duty on 28 September 2002 after completion of required active service.  He completed 3 years of creditable active service this period.

5.  His DD Form 214 for this period does not show the GWOTEM and GWOTSM.

6.  Item 12f (Foreign Service) of his DD Form 214 shows 1 month and 29 days of foreign service.  Item 18 (Remarks) does not show his deployed service.

7.  During the processing of this case the Defense Finance and Accounting Service (DFAS) confirmed through the Soldier's Master Military Pay Account he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion for Uzbekistan (from 31 October through 5 December 2001).

8.  A DA Form 638-1 (Recommendation for Award) contained in his records shows Permanent Orders 035-02 awarded him the Army Achievement Medal, in part, for meritorious achievement while deployed in support of OEF from 4 October to 1 December 2001.

9.  	Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.

	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. 

	b.  The 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 AOE designated for award of the GWOTEM, 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.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It states for item 18, 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:
1.  Orders 264-032  with an attached list of personnel containing his name show his unit received temporary change of station orders in support of Operation Infinite Justice effective on or about 21 September 2001.  Permanent Orders 035-02 awarded him the Army Achievement Medal for meritorious achievement while deployed in support of OEF from 4 October to 1 December 2001.  DFAS confirmed he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion for Uzbekistan from 31 October through 5 December 2001.  His DD Form 214, item 12f shows 1 month and 29 days of foreign service.  The available information is not sufficient to determine with certainty the exact period of time he served in Uzbekistan in support of OEF.  However, based on the available information it would be appropriate to add the entry, "SERVICE IN UZBEKISTAN FROM 20011031-20011205" to item 18 of his DD Form 214.

2.  Based on his qualifying service in support of OEF, he is entitled to the GWOTEM and GWOTSM.  As such, he is entitled to have these awards added to 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 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 amending his DD Form 214 for the period ending 28 September 2002 by:

	a.  adding the entry, "SERVICE IN UZBEKISTAN FROM 20011031-20011205" to item 18; and

	b.  adding the GWOTEM and GWOTSM to item 13.




      _______ _   _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)                                         AR20110015297



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ABCMR Record of Proceedings (cont)                                         AR20110015297



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