IN THE CASE OF:	  

		BOARD DATE:	  30 July 2013

		DOCKET NUMBER:  AR20130000452 


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 Item 12f (Foreign Service) of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 July 2005, to reflect 1 year, 3 months, and 1 day of foreign service.

2.  The applicant states he served 15 months in Kuwait from 5 May 2003 through 4 August 2004.  He has attached his deployment orders for the contested time.  He found the error when applying for a Gulf War license plate for his car.

3.  The applicant provides copies of his deployment orders and his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers to the applicant.

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 1 August 2002.  He completed training and was awarded military occupational specialty 63B (Light-Wheel Vehicle Mechanic).

3.  He provides a copy of Orders Number 122-462 issued by Headquarters, 10th Mountain Division (Light Infantry), on 2 May 2003, assigning him to the 514th Maintenance Company in support of Operation Enduring Freedom from 179 up to 365 days or until mission completion, with a proceed date of 10 May 2003.

4.  He was honorably released from active duty, in pay grade E-4, on 31 July 2005, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 3 years of net active service with no time lost.  

5.  His DD Form 214 shows in:

* Item 8a (Last Duty Assignment and Major Command) – 514th Maintenance
* Item 12f – no service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

* Item 18 (Remarks) of this form does not show he served in an imminent danger pay area

6.  There is no evidence of disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.



7.  A staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 9 May 2003 through 31 August 2004, a period of 1 year, 3 months, and 23 days.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states that for:

* Item 12, enter the total amount of foreign service completed during the period covered by the DD Form 214
* 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)"

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States 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 area of eligibility.

	c.  The Overseas Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.  

10.  A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 6 and 8.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's pay records confirm he served in Kuwait from 9 May 2003 through 31 August 2004.  Therefore, Item 12f of his DD Form 214 should be corrected to show 1 year, 3 months, and 23 days of foreign service.  Item 18 of his DD Form 214 should also be corrected to show the entry "SERVICE IN KUWAIT FROM 20030509-20040831." 

2.  There is no evidence of record and he provided insufficient evidence to show he served in Kuwait prior to 9 May 2003.  Therefore, he is not entitled to correction to DD Form 214 to show he served in an imminent danger pay area prior to the dates confirmed by DFAS.

3.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the Army Good Conduct Medal (1st Award).  It appears the applicant not receiving this award was an administrative oversight.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 1 August 2002 through 31 July 2005 and correct his DD Form 214 to show this award.

4.  Records confirm the applicant served during a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal.  Therefore, his 
DD Form 214 should be corrected to show this award.

5.  The applicant's period of 1 year, 3 months, and 23 days of foreign service in Kuwait qualifies him for award of the Overseas Service Ribbon and correction of his records to show this award. 


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 the applicant's DD Form 214 the entry "0000-00-00" and replacing it with the entry "0001  03  23";

   b.  adding to Item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030509-20040831";

   c.  awarding him the Army Good Conduct Medal (1st Award) for the period 1 August 2002 through 31 July 2005; and

   d.  adding to his DD Form 214 the:

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

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 showing he served in Kuwait prior to 9 May 2003.



__________ _  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)                                         AR20130000452



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ABCMR Record of Proceedings (cont)                                         AR20130000452



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