IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120004819 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add foreign service from his deployments to Guantanamo Bay, Cuba, and Iraq and any awards to which he may be entitled.

2.  The applicant states his DD Form 214 does not list his foreign service.  He served honorably on two major deployments.  The first deployment was to Guantanamo Bay, Cuba, and the second was to Iraq in support of Operation Iraqi Freedom (OIF).

3.  The applicant provides no additional 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 Regular Army on 26 January 2001 for a period of five years and held the military occupational specialty 31B (Military Police).  

3.  His record contains Orders Number 149-685, issued by Headquarters, 
U.S. Army Maneuver Support Center and Fort Leonard Wood, 
Fort Leonard Wood, MO, on 29 May 2001.  These orders reassigned him to 
Fort Hood, TX, and directed he report on 27 June 2001.  

4.  His military record contains no evidence showing he was deployed to Guantanamo Bay, Cuba or Iraq.

5.  His record contains a DA Form 268 (Report to Suspend Favorable Personnel Action (Flag)), dated 3 February 2004.  The flag was initiated pending his elimination.

6.  He was honorably discharged on 24 February 2004, by reason of parenthood. His DD Form 214 shows he completed 3 years and 29 days of net active service, but does not credit him with any foreign service.  This form further shows he received the Army Lapel Button, National Defense Service Medal, and Army Service Ribbon.

7.  On 21 March 2012, an official at the Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire and imminent danger pay (HF/IDP) for service in Kuwait from 24 March 2003 to 29 September 2003.  

8.  A review of the applicant's service record shows no derogatory information in the form of lost time or nonjudicial punishment.  There is no evidence his commander denied him award of the AGCM and he received an honorable discharge.  

9.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

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 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.  

11.  Army Regulation 600-8-22 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.  

12.  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.  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.  There is no evidence and the applicant has provided no evidence showing he was deployed to Guantanamo Bay, Cuba or Iraq.  

2.  While he cannot be credited with service in Iraq, DFAS did confirm his receipt of HFP/IDP for service in Kuwait from 24 March 2003 to 29 September 2003.  Based on this evidence he is entitled to correction of his DD Form 214 in item 12f to show 6 months and 6 days of foreign service and in item 18 to show he served in Kuwait from 24 March 2003 to 29 September 2003.

3.  He met the time criteria for the first award of the AGCM prior to initiation of his flag.  Additionally, there is no record that his commander denied him this award.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He met the criteria for awards of the GWOTSM and the GWOTEM; therefore, he is entitled to have these awards added to his DD Form 214.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 
26 January 2001 to 25 January 2004
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal

* adding the entry "0000 06 06" to item 12f of his DD Form 214
* adding the entry "SERVICE IN KUWAIT FROM 20030324-20030929" 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 adding foreign service in Iraq and Guantanamo Bay Cuba.  



      _______ _   _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)                                         AR20120004819





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ABCMR Record of Proceedings (cont)                                         AR20120004819



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