IN THE CASE OF:	  

		BOARD DATE:	  6 August 2013

		DOCKET NUMBER:  AR20120022760 


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 show:

* his deployment to Kosovo in 2001
* he is a high school graduate
* his awards of the Army Good Conduct Medal (AGCM), Army Achievement Medal (AAM) (2nd Award), and Driver and Mechanic Badge with Track Vehicle Bar (Driver-T Clasp)
* his completion of the 1-week Combat Lifesaver Course in 1997 and the 
2-week Nuclear, Biological, and Chemical (NBC) Noncommissioned Officer (NCO) Defense Course in 1997

2.  The applicant states, in effect, that his DD Form 214 does not reflect his deployment to Kosovo; that he is a high school graduate; his awards of the AGCM, AAM (2nd Award), and Driver and Mechanic Badge with Driver-T Clasp; and his completion of the 1-week Combat Lifesaver Course in 1997 and the 
2-week NBC NCO Defense Course in 1997.

3.  The applicant provides copies of orders awarding him the AGCM, AAM (2nd Award), and Driver and Mechanic Badge with Driver-T Clasp, and certificates of completion for the 1-week Combat Lifesaver Course in 1997 and the 2-week NBC NCO Defense Course in 1997.



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 17 August 1995.  He completed one-station unit training as a cannon crewman at Fort Sill, Oklahoma, and transferred to Fort Stewart, Georgia.

3.  He was deployed to Kosovo during the period 13 May 2001-18 November 2001 and returned to Fort Stewart.  On 22 March 2002, he transferred to Fort Sill.

4.  On 17 October 2002, he was honorably retired in the rank of sergeant and placed on the Temporary Disability Retired List (TDRL).  He completed 7 years, 2 months, and 1 day of active service.  His DD Form 214 shows no foreign service or deployments.  It also shows that he is not a high school graduate, that he was awarded the National Defense Service Medal (2nd Award), Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Air Assault Badge.

5.  The applicant provided sufficient evidence to show he was awarded the AGCM (1st Award), AAM (2nd Award), and Driver and Mechanic Badge with Driver-T Clasp; that he was a high school graduate when he enlisted; and that he completed the 1-week Combat Lifesaver Course in 1997 and the 2-week NBC NCO Defense Course in 1997.

6.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (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 Global War on Terrorism Expeditionary Medal (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.

7.  Army Regulation 600-8-22 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 50 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214.  It provides that item 12f (Foreign Service) will show the foreign service performed during the period covered by the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18 (Remarks):  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant deployed to Kosovo during the period 13 May 2001-18 November 2001 for a total of 6 months and 5 days and is entitled to have that deployment reflected on his DD Form 214.

2.  The applicant was a high school graduate at the time of his enlistment; however, item 15b (High School Graduate or Equivalent) of his DD Form 214 incorrectly reflects that he is not a high school graduate.  Accordingly, his DD Form 214 should be corrected to reflect that he is a high school graduate.

3.  The applicant completed the 1-week Combat Lifesaver Course in 1997 and the 2-week NBC NCO Defense Course in 1997.  Accordingly, they should be added to item 14 (Military Education) of his DD Form 214 at this time.

4.  He was awarded the AGCM (1st Award), AAM (2nd Award), and Driver and Mechanic Badge with Driver-T Clasp and is entitled to have those awards added to his DD Form 214.

5.  The applicant served during qualifying periods for awards of the GWOTEM and the GWOTSM.  Accordingly, they should be added to his DD Form 214 at this time.



BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

* deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  06  05"
* adding the entries "COMBAT LIFESAVER COURSE/1 WEEK/1997" and "NBC NCO DEFENSE COURSE/2 WEEKS/1997" to item 14 of his DD Form 214
* deleting the entry "NO (X)" from item 15b of his DD Form 214 and replacing it with the entry "YES (X)"
* adding the entry "SERVICE IN KOSOVO FROM 20010513-20011118" to item 18
* adding award of the AGCM (1st Award), AAM (2nd Award), GWOTEM, GWOTSM, and Driver and Mechanic Badge with Driver-T Clasp to his DD Form 214



      ____________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)                                         AR20120022760



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ABCMR Record of Proceedings (cont)                                         AR20120022760



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