IN THE CASE OF:	  

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120010755 


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 the:

* Korea Defense Service Medal (KDSM)
* Iraq Campaign Medal (ICM)
* Global War on Terrorism Service Medal (GWOTSM)
* Noncommissioned Officer Professional Development Ribbon (NPDR) with Numeral 2
* Overseas Service Ribbon (OSR) with Numeral 3
* National Defense Service Medal with one bronze service star

2.  The applicant states:

	a.  he began transition leave in August of 2003 and was discharged when his term of service expired on 31 October 2003.  In the summer of 2003, the KDSM was approved.  He was assigned to Korea from March 1996 to March 1997 with the 2nd Infantry Division.

	b.  he was under a stop loss and left Iraq when it was lifted on 18 July 2003.  Within 30 days of returning to his home station, 1st Armored Division, 
Wiesbaden, Germany, he out-processed.  He reviewed his DD Form 214 before it was finalized.  Unfortunately, at the time he was not aware his unit had been 

awarded the ICM or the GWOTSM.  His orders were in support of Operation Iraqi Freedom and directed him to report to Kuwait; however, his unit moved into Iraq. He served in Iraq from 10 May 2003 to 18 July 2003.

3.  The applicant provides:

* Certificate of training, dated 3-7 June 1996
* DA Form 638 (Recommendation for Award), dated 2 December 1996
* Permanent Orders (PO) Number 010-075, dated 10 January 1997
* DA Form 1059 (Service School Academic Evaluation Report), dated 
14 August 1997
* Orders Number B152-08, dated 1 June 1999
* DA Form 1059, dated 5 May 2000
* PO Number 43-04, dated 18 February 2003
* Orders Number 106-21, dated 16 April 2003
* Memorandum for record, dated 22 April 2003
* DA Form 31 (Request and Authority for Leave), dated 11 July 2003
* DD Form 214

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 27 January 1994 and held military occupational specialty 74B (Information Systems Operator Analyst).  The highest rank/grade he attained while serving on active duty was staff sergeant (SSG)/E-6.

3.  His record contains two DA Forms 1059.

	a.  The first form, dated 14 August 1997, shows he attended the Primary Leadership Development Course (PLDC) at the U.S. Army Noncommissioned Officer (NCO) Academy, Schofield Barracks, HI from 16 July 1997 to 14 August 1997.  This form further shows he achieved course standards.

	b.  The second form, dated 5 May 2000, shows he attended the Basic NCO Course (BNCOC) at U.S. Army Signal Command and Fort Gordon, Fort Gordon, GA from 5 January 2000 to 5 May 2000.  This form further shows he exceeded course standards.

4.  He provided a certificate of training, dated 3-7 June 1996, which show he completed the Maneuver Control Systems course at Camp Casey, Korea.

5.  He provided a DA Form 638, dated 2 December 1996.  This form shows PO Number 126-2, issued by Headquarters, Division Support Command, 2nd Infantry Division, Korea, on 13 December 1996, awarded him the Army Commendation Medal (ARCOM) for the period 14 March 1996 to 13 March 1997. The form indicated this award was initiated as a permanent change of station (PCS) award.

6.  His record contains eight NCO Evaluation Reports (NCOER) which range in date from September 1997 to April 2003.  These forms confirm he was assigned to:

* Headquarters and Headquarters Company, 516th Signal Brigade, Fort Shafter, HI from September 1997 to December 1999
* Headquarters and Headquarters Company, 1st Armored Division Support Command, Germany from January 2000 to April 2003

7.  He provided temporary change of station (TCS) Orders Number 106-21, issued by Headquarters, 1st Armored Division, on 16 April 2003 and a memorandum for record attached to the orders which listed his name.  These orders directed a TCS move from Germany to U.S. Central Command (USCENTCOM) area of responsibility (AOR) (Kuwait) in support of Operation Enduring Freedom. The affected personnel were directed to report on or about 26 April 2003.

8.  He was honorably discharged from active duty on 31 October 2003.  His DD Form 214 shows he completed 9 years, 9 months, and 4 days of net active 
service, of which 7 years, 2 months, and 21 days were credited as foreign 
service.  Item 18 (Remarks) makes no mention of his service in Kuwait/Iraq or hostile fire pay/imminent danger pay.  His DD Form 214 lists the following awards:

* ARCOM (2nd Award)
* Army Achievement Medal 
* Army Good Conduct Medal (3rd Award)
* NDSM
* NPDR
* Army Service Ribbon 
* OSR with Numeral 2
* NATO Medal
* Kosovo Campaign Medal

9.  An email from the Defense Finance and Accounting Service (DFAS), dated 
9 July 2012, shows he received hazardous fire pay/imminent danger pay and combat zone tax exclusion from 7 May 2003 to 16 July 2003 for service in Kuwait.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  

	b.  the ICM is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  

	c.  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.  

	d.  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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or ICM.  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.  

	e.  the NPDR is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  The NPDR consists of the basic ribbon with numeral devices of 2, 3, or 4, which signify satisfactory completion of the respective levels of NCO professional development courses.  Once a service member has been awarded the NPDR upon graduation from Warrior Leader Course (WLC) or PLDC, subsequent appropriate numerals will be awarded to identify completion of higher level Noncommissioned Officers Education System courses.

	f.  the OSR is awarded  for successful completion of overseas tours.  Soldiers must be credited with a normal overseas tour completion according to Army Regulation 614–30 (Overseas Service).  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	g.  the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

11.  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 18, 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 that while the applicant was assigned in Korea he received a PCS award for the period 14 March 1996 to 13 March 1997 thereby indicating he served for at least 11 months and 27 in Korea.  This service meets the criteria for the KDSM; therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  Unfortunately, neither the evidence in his military record nor DFAS were able to verify he served in Iraq.  However, DFAS was able to confirm he served in Kuwait, received imminent danger pay, and combat zone tax exclusion from 
7 May 2003 to 16 July 2003.  

	a.  Based on this service he qualified for award of the GWOTEM and correction of his DD Form 214 to show this award.  

	b.  This service also entitles him to correction of his DD Form 214 to add the entry "SERVICE IN KUWAIT FROM 20030507-20030716" to item 18.

	c.  If he is able to provide evidence showing he served in Iraq he can reapply to the ABCMR to request the GWOTEM be replaced by the ICM and the entry in item 18 referring to service in Kuwait be replaced by service in Iraq.

3.  The evidence of record shows he served a qualifying period for award of the GWOTSM; therefore, he is entitled to correction of his DD Form 214 to add this award.

4.  The evidence of record shows he completed PLDC and BNCOC; therefore, he is entitled to correction of his DD Form 214 to show the NPDR with Numeral 2.

5.  The evidence of record shows he completed overseas tours in Korea, Hawaii, and Germany; therefore, he is entitled to correction of his DD Form 214 to show the OSR with Numeral 3.

6.  The evidence of record shows he served on active duty during two periods qualifying for award of the NDSM.  Therefore he is entitled to correction of his DD Form 214 to show the NDSM with one bronze service star.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* deleting from his DD Form 214 the:

* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon with Numeral 2
* National Defense Service Medal

* adding to his DD Form 214 the:

* Korea Defense Service Medal 
* Global War on Terrorism Expeditionary Medal 
* Global War on Terrorism Service Medal 
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Overseas Service Ribbon with Numeral 3
* National Defense Service Medal with one bronze service star

* adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030507-20030716"








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 the Iraq Campaign Medal.



      _______ _  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)                                         AR20120010755





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ABCMR Record of Proceedings (cont)                                         AR20120010755



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