IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110022948
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 foreign service.
2. The applicant states the unit he deployed with did not update his Enlisted Record Brief when he came back from Operation Iraqi Freedom. As a result, his foreign service was not annotated on his DD Form 214.
3. The applicant provides his mobilization orders and copies of his leave and leave and earnings statements from 1 April 2003 to 31 March 2004.
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 6 February 2001, held military occupational specialty 21W (Carpentry/Masonry Specialist), and served in a variety of stateside and overseas assignments
3. He was discharged from active duty on 25 January 2008. His DD Form 214 shows he completed 6 years, 11 months, and 20 days of net active service, none of which was credited as foreign service. There is no mention of foreign service or hostile fire pay/imminent danger pay. His DD Form 214 lists the following awards:
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* U.S. Army Basic Recruiter Badge, Gold, with one sapphire achievement star
4. An email from the Defense Finance and Accounting Service, dated 19 December 2011, shows he received hazardous fire pay/imminent danger pay and combat zone tax exclusion from 7 March 2003 to 21 February 2004 for service in Kuwait.
5. 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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility 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 GWOTEM.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 establishes standardized policy for the preparation of the DD Form 214. It states that for:
* item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18 (Remarks), for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served in Kuwait from 7 March 2003 to
21 February 2004. Based on these dates, item 12f of his DD Form 214 should be corrected to show 11 months and 15 days of foreign service.
2. Based on his foreign service dates he is entitled to have his DD Form 214 corrected to add the entry "SERVICE IN KUWAIT FROM 20030307-20040221" to item 18.
3. Additionally, his service in Kuwait meets the criteria for award of the GWOTEM, which is not currently listed on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 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 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 his DD Form 214 to:
* add 11 months and 15 days to item 12f
* add award of the Global War on Terrorism Expeditionary Medal
* add the entry "SERVICE IN KUWAIT FROM 20030307-20040221" to item 18
_______ _ 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) AR20110022948
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ABCMR Record of Proceedings (cont) AR20110022948
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