BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120016977 


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 service in Iraq and the "Accommodation Medal" (i.e., Army Commendation Medal (ARCOM)) he earned.

2.  The applicant states his DD Form 214 does not show his Iraq service and does not list the ARCOM he was awarded.

3.  The applicant provides no documentary 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 15 September 2005.  He was trained in and awarded military occupational specialty (MOS) 89B (Ammunition Specialist).

3.  The applicant's record is void of any evidence indicating he served in Iraq or that he was ever awarded the ARCOM.

4.  On 31 October 2008, the applicant was discharged.  He completed 3 years and 11 days of creditable active service with 35 days of time lost due to being absent without leave (AWOL).  The DD Form 214 he was issued at the time shows in:

* item 12f (Foreign Service) the entry "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service and the Army Service Ribbon
* item 18 (Remarks) entry for deployed service

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 26 September 2006 through 15 December 2007 for Kuwait, a period of 1 year, 2 months, and 20 days.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Chapter 2 contains instructions for preparing the DD Form 214.  It states for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) on the DD Form 214
* item 18, for an active duty Soldier deployed 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)"

7.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:


	a.  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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, including Kuwait.

	b.  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 GWOT operations outside of the AOE designated for award of the GWOT 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.

	c.  The Overseas Service Ribbon (OSR) is eligible to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status, effective 1 August 1981, for the award for successful completion of overseas tours.  According to the Awards Branch at the U.S. Army Human Resources Command, Kuwait is considered an isolated area where the tour length has not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Kuwait credit for a completed short tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to document deployed service and to show his award of the ARCOM has been carefully considered and found to have partial merit.  Although there is no evidence the applicant served in Iraq, the DFAS record confirms he received HF/IDP and CZTE for Kuwait during the period
26 September 2006 through 15 December 2007.  Therefore, his DD Form 214 should be corrected to show this period of deployed service.

2.  The record also shows that based on his qualifying service in Kuwait and in the United States, he is eligible for the GWOTEM and the GWOTSM.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant served during a qualifying period of service for the OSR.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record is void of and the applicant did not provide any evidence that he actually served in Iraq, or that he was ever recommended for or 


awarded an individual award of meritorious service or achievement during his active duty tenure.  Therefore, there is an insufficient evidentiary basis to support granting these portions of his requested relief.

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:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0001  02  20";

	b.  adding to item 13 of his DD Form 214 the:

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20060929 – 20071215."

2.  The Board further determined that 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 correcting his DD Form 214 to show service in Iraq and to add the Army Commendation 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)                                         AR20120016977



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ABCMR Record of Proceedings (cont)                                         AR20120016977



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