IN THE CASE OF:	  

		BOARD DATE:	    21 November 2013

		DOCKET NUMBER:  AR20130004934 


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 support of Operation Enduring Freedom (OEF) and award of the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states he served overseas in Kuwait in support of OEF for about 6 to 8 months; however, his DD Form 214 does not show this foreign service or award of the GWOTEM.

3.  The applicant 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.  The applicant enlisted in the Regular Army on 8 November 2000 for a period of 4 years.  He was awarded military occupational specialty 92R (Parachute Rigger).

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 November 2004.  He completed 4 years of net active service during this period.

	a.  His DD Form 214 also shows he was advanced to specialist (SPC)/pay grade E-4 on 1 October 2002 and his last unit of assignment was the 647th Quartermaster Company (Air Drop Equipment Repair), Fort Bragg, NC.

	b.  It further shows in:

		(1)  item 12f (Foreign Service), he completed 0 years, 0 months, and 0 days;

		(2)  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the following:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Parachute Rigger Badge

		(3)  item 18 (Remarks), no entry that he deployed to a foreign country during this period of active service.

4.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay from 31 January 2003 through 24 June 2003 for service in Kuwait.

5.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded or authorized the GWOTEM.

6.  Further review revealed that he may be entitled to an additional award that is not shown on his DD Form 214.  This review failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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 (AOE) 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.

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

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in support of OEF and Operation Iraqi Freedom in specific designated geographic AOE's, which included Kuwait.

	b.  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.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It 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, list 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 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.  The evidence of record shows the applicant served in Kuwait during the period 31 January 2003 to 24 June 2003.

2.  A calculation of this period of overseas service shows:

	2003  06  24	date of redeployment from Kuwait
	- 2003  01  31	date of deployment to Kuwait
	=     00  04  23
	+                   1	day inclusive
	=     00  04  24	total foreign service in Kuwait

3.  Item 12f and item 18 of the applicant's DD Form 214 do not show his service in Kuwait.  Therefore, it would be appropriate to correct his DD Form 214 to show his overseas deployment/foreign service in Kuwait.

4.  The applicant's service in Kuwait qualifies him for award of the GWOTEM.

5.  The applicant distinguished himself by his conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 8 November 2000 to 7 November 2003 as evidenced by:

	a.  his advancement to SPC (E-4) with 23 months of active duty;

	b.  completion of nearly 5 months of service in Kuwait in support of OEF; and

	c.  no evidence of any disciplinary actions, adverse information, or a commander's disqualification for award of the Army Good Conduct Medal.

	d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal, it would be appropriate to award the applicant this medal based on the available evidence and correct his DD Form 214 to show the award.

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards 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 the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 November 2000 to 7 November 2003 (Standard Name Line:  SPC  647th Quartermaster Company (Air Drop Equipment Repair), Fort Bragg, NC  28310-5000);

	b.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0000  04  24";

	c.  adding the following awards to item 13 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* GWOTEM

	d.  adding the entry "SERVICE IN KUWAIT FROM 20030131-20030624" to item 18 of 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)                                         AR20130004934



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ABCMR Record of Proceedings (cont)                                         AR20130004934



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