IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120021109 


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 the Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), and any other awards he is authorized as a result of his service in support of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF).

2.  The applicant states he earned the awards.  He proudly served in support of OEF from April through August 2001 and in support of OIF from 14 November 2001 through 4 April 2002.  He is in need of financial assistance and many services are offered to OIF veterans.  He would also like future employers to have a better picture of his military service.

3.  The applicant provides:

* DD Form 214
* Permanent Order 325-05, issued by Headquarters, 3rd Battalion,
8th Cavalry, Fort Hood, TX, dated 21 November 2002
* AGCM certificate
* DA Form 638 (Recommendation for Award), dated 1 October 2003
* ARCOM certificate 
* DA Form 638, dated 6 March 2002
* AAM certificate

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 7 July 1999.  He completed training and he was awarded military occupational specialty 31U (Signal Support Systems Specialist).

3.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from:

* 19 April through 11 August 2001
* 18 November 2001 through 26 March 2002

4.  The applicant provided:

	a.  A DA Form 638, dated 6 March 2002, and accompanying AAM certificate that awarded him the AAM for outstanding performance in support of OEF during the period 14 November 2001 through 4 April 2002 (4 months and 22 days) by Permanent Order Number 80-246, issued by Headquarters, 3rd Battalion,
8th Cavalry, dated 21 March 2002.

	b.  Permanent Order Number 325-5, issued by the same headquarters, dated
21 November 2002, that awarded him the AGCM (1st Award) for the period
7 July 1999 through 6 July 2002.

	c.  A DA Form 638, dated 1 October 2003, and accompanying ARCOM certificate that awarded him the ARCOM for meritorious service for the period
20 February 2000 through 30 November 2003 by Permanent Orders Number 337-01, issued by Headquarters, 3rd Brigade, 1st Cavalry Division, dated
3 December 2003.

5.  On 30 November 2003, he was honorably released from active duty at the completion of required active service.  He completed 4 years, 4 months, and
24 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* item 12 (Foreign Service) the entry "0000  00  00," indicating no foreign service
* item 13 (Decoration, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the Army Lapel Button, National Defense Service Medal, and the Army Service Ribbon
* item 18 (Remarks) does not show any deployment data

6.  Army Regulation 600-8-22 (Military Awards) 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.  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 support of OEF and OIF in designated specific geographic AOE, including Kuwait.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.

	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 Global War on Terrorism operations outside of the AOE 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 days or 60 nonconsecutive days are authorized the GWOTSM.

7.  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.  It provides standardized policy for the preparation of the DD Form 214 and states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and

	c.  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 him the AGCM for the period 7 July 1999 to
6 July 2002.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Evidence shows he was awarded the ARCOM and AAM during his period of active service.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Based on his service in Kuwait, he is entitled to the GWOTEM.  Although it appears he served two tours of duty in Kuwait, only one GWOTEM may be authorized to any individual.  Therefore, his DD Form 214 should be corrected to show this award.

4.  He also served during a qualifying period of service for the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

5.  His AAM certificate indicates he was deployed in support of OEF from
14 November 2001 through 4 April 2002.  DFAS records confirm he received HFP/IDP and CZTE for service in Kuwait from 19 April through 11 August 2001 and from 23 November 2001 through 26 March 2002, a total of 8 months and
23 days.  While the dates of service shown on the AAM certificate and the DFAS dates of service differ, the dates of service provided by DFAS should be used to document his deployments in support of OEF on his DD Form 214.

6.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 "0000  08  23";

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

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

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20010419 - 20010811 and FROM 20011123 - 20020404."



	___________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)                                         AR20120021109



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ABCMR Record of Proceedings (cont)                                         AR20120021109



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