IN THE CASE OF: 

		BOARD DATE:	14 June 2012

		DOCKET NUMBER:  AR20120000319 


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 an additional Army Commendation Medal and the Global War on Terrorism Expeditionary Medal.  He also requests his overseas service time be changed on his DD Form 214. 

2.  He states he served in Alaska for 3 years (1987 to 1991), Germany for 
2 years (1993 to 1995), Korea for 1 year (1998 to 1999), and in Germany for 
3 years (2001 to 2004).

3.  The applicant provides copies of:

* a DA Form 638 (Recommendation for Award) awarding him the Army Commendation Medal (3d Oak Leaf Cluster) 
* temporary change of station orders for the 18th Military Police Brigade
* listing of Soldiers deployed for Task Force Juniper Cobra 2003

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 is a retired Regular Army sergeant.

3.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Israel from 2 March 2003 through 15 April 2003 
(1 month and 14 days).

4.  He was retired on 31 August 2005 as a sergeant/E-5.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) "0002  04  10" indicating 2 years, 4 months, and 10 days.

	b  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal (2d Award), Army Achievement Medal (6th Award), Joint Meritorious Unit Award, Army Good Conduct Medal (6th Award), National Defense Service Medal (2d Award), Armed Forces Expeditionary Award with Arrowhead Device, Korea Defense Service Medal, Noncommissioned Officer's Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon (3d Award), Global War of Terrorism Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Air Assault Badge, and the Driver and Mechanic Badge with Mechanic Bar.

	c.  Item 18 (Remarks) shows no entries relating to deployed service.

5.  His record contains permanent orders showing he was awarded the Army Achievement Medal for meritorious service while deployed with his unit to Somalia from 14 January 1993 to 29 April 1993.

6.  There is no evidence showing the dates of his foreign service in Alaska, Germany, or Korea. 


7.  In support of his request, the applicant provides copies of:

	a.  a completed DA Form 638 showing he was awarded the Army Commendation Medal (3d Oak Leaf Cluster) for the period 1 September 1995 to 31 August 2005 by Permanent Order Number 080-102 issued by Headquarters, U.S. Army Garrison, Fort George G. Meade, MD.

	b.  a corrected copy of orders directing the temporary change of station for his brigade from Germany to Israel.  His name is shown on the deployment list.

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.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in following designated specific geographic areas of eligibility including Israel.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for 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; and

	b.  item 18, for an active duty Soldier deployed to a foreign country 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.  Permanent orders awarded the applicant the Army Commendation Medal 
(3d Oak Leaf Cluster).


2.  He served during a qualifying period for award of the Global War of Terrorism Expeditionary Medal.

3.  His DD Form 214 should be corrected to show these awards.

4.  The evidence of record shows the applicant was deployed in support of operations in Somalia from 14 January 1993 to 29 April 1993, and in Israel from 2 March 2003 through 15 April 2003.  His DD Form 214 should be corrected to show this deployed service.

5.  Item 12f of his DD Form 214 shows he completed 2 years, 4 months, and 
10 days of foreign service.  Unfortunately, there is insufficient evidence to accurately calculate his foreign service.  The requested correction to item 12f of his DD Form 214 should not be made at this time.

BOARD VOTE:

_______ ________  _________  GRANT FULL RELIEF 

___X__  ___X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.   adding the following awards to item 13 of his DD Form 214:

* Army Commendation Medal (4th Award)
* Global War on Terrorism Expeditionary Medal

	b.  adding the entries "SERVICE IN SOMALIA FROM 14 JANUARY 1993-
29 APRIL 1993 and SERVICE IN ISRAEL FROM 2 MARCH 2003-15 APRIL 2003" to item 18 of his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 
much of the application that pertains to changing the amount of foreign service shown in item 12f 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)                                         AR20110009264



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ABCMR Record of Proceedings (cont)                                         AR20120000319



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