BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120011142 


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 in Qatar in support of Operation Enduring Freedom II from July to December 2002 and to show he successfully completed the following training courses conducted by Frampton Safety Qatar:

* Fire Fighter 1
* Fire Fighter 2
* Confined Space Training
* Self-Contained Breathing Apparatus

2.  He states his DD Form 214 needs to be corrected to reflect his deployments and military schooling.

3.  He 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.  His record shows he enlisted in the Regular Army on 23 July 1997 and held military occupational specialty 74D (Chemical Operations Specialist).  He served in Germany for 3 years and 3 months.  He was released from active duty on 29 February 2004 after completing 6 years, 7 months, and 8 days of creditable active service.  At the time of his separation, he held the rank/pay grade of sergeant/E-5.

3.  His record contains an Enlisted Record Brief, dated 30 October 2003.  Section VI (Military Education) of this form does not show he completed the Fire Fighter 1, Fire Fighter 2, Confined Space, or Self-Contained Breathing Apparatus course at any time during his service.

4.  His record contains a DA Form 2-1 (Personnel Qualification Record – Part II). 
Item 17 (Civilian Education and Military Schools) of this form does not show he completed the Fire Fighter 1, Fire Fighter 2, Confined Space, or Self-Contained Breathing Apparatus course at any time during his service.

5.  His record is void of any evidence and he did not provide any evidence showing he completed the Fire Fighter 1, Fire Fighter 2, Confined Space, or Self-Contained Breathing Apparatus course at any time during his service.

6.  His DD Form 214 contains the following information:

* item 12f (Foreign Service) shows he completed 4 years and 6 months of foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Global War on Terrorism Expeditionary Medal (GWOTEM) or Global War on Terrorism Service Medal (GWOTSM)
* item 14 (Military Education) does not show he completed the Fire Fighter 1, Fire Fighter 2, Confined Space, or Self-Contained Breathing Apparatus course
* item 18 (Remarks) does not show he deployed to Qatar

7.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Qatar during the period 15 August through 31 December 2002.

8.  Army Regulation 600-8-22 (Military Awards) states the 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 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, to include Qatar.

9.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, 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 or 60 nonconsecutive days are authorized the GWOTSM.

10.  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.  In establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214 and states:

	a.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13; and

	b.  for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his foreign service in Qatar was carefully considered and determined to have merit.

2.  A query of his MMPA maintained by DFAS revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Qatar during the period 15 August through 31 December 2002.  Therefore, item 18 of his DD Form 214 should be amended to show the period of his deployment and the country to which he deployed.

3.  The evidence shows he served a qualifying period of service after 11 September 2001 for award of the GWOTSM.  Therefore, he is entitled to correction of his records to show this medal.

4.  The evidence shows he served a qualifying period of service in Qatar for award of the GWOTEM.  Therefore, he is entitled to correction of his records to show this medal.

5.  His record is void of any evidence and he did not provide any evidence showing he completed the Fire Fighter 1, Fire Fighter 2, Confined Space, or Self-Contained Breathing Apparatus course at any time during his service.

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 amending his DD Form 214 in the following manner:

* adding the GWOTEM and GWOTSM to item 13
* adding the entry "SERVICE IN QATAR FROM 20020815-20021231" to item 18

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 amending his DD Form 214 to show he 

completed the Fire Fighter 1, Fire Fighter 2, Confined Space, or Self-Contained Breathing Apparatus course or to show he served in Qatar from July to December 2002.



      ____________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)                                         AR20120011142



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ABCMR Record of Proceedings (cont)                                         AR20120011142



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