IN THE CASE OF:	  

		BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130009791 


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 awards for service in Afghanistan, Qatar, Kuwait, Pakistan, Oman, Uzbekistan, Egypt, Saudi Arabia, and the United Arab Emirates in support of Operation Enduring Freedom (OEF).

2.  The applicant states he completed a tour of duty in the above-listed countries from 9 December 2001 to 5 June 2002 in support of OEF.  Due to his separation from the Army within 8 months of his return from deployment, orders for these awards were not received and, therefore, were not entered on his DD Form 214.

3.  The applicant provides:

* Shoulder Sleeve Insignia-OEF Memorandum
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) (NCOER)
* U.S. Central Command Permanent Orders GB-609, dated 16 May 2002
* DD Form 214

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 retired from the Regular Army in the rank of master sergeant on 31 May 2003.  He held military occupational specialty 56M (Chaplain Assistant) at the time. 

3.  He provides a Combined Joint Forces Special Operations Component Command (JFSOCC) Memorandum, subject: Shoulder Sleeve Insignia-OEF, dated 30 April 2002, showing he performed temporary duty in Afghanistan and Pakistan on 19-21 and 24 March 2002.

4.  U.S. Central Command Permanent Orders GB-609, dated 16 May 2002, awarded him the Joint Service Commendation Medal (JSCM) for the period 9 December 2001 through 5 June 2002.  The citation associated with this award states that on 28 February 2002 he deployed forward prior to Operation Anaconda. 

5.  He provides a DA Form 2166-8 for the rating period September 2001 through May 2002.  This NCOER shows he excelled in a sergeant major position during OEF, superbly commanded the JFSOCC chaplain personnel during Operation Anaconda, was selected by the Chief of Chaplains to deploy, and led the U.S. Central Command Chaplain's office into war.

6.  His DD Form 214 does not show the Global War on Terrorism Expeditionary Medal (GWOTEM) or Global War on Terrorism Service Medal (GWOTSM).

7.  During the processing of this case the Defense Finance and Accounting Service (DFAS) confirmed through the Soldier's Master Military Pay Account that he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion for Qatar (from 27 February through 17 May 2002).

8.  	Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.

	a.  The 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.

	b.  The 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.

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It states for item 18 (Remarks), 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:

A JSCM Citation states he was deployed forward on 28 February 2002.  A JFSOCC Memorandum shows he performed temporary duty in Afghanistan and Pakistan on 19-21 and 24 March 2002.  An NCOER for the rating period September 2001 through May 2002 indicates he was deployed in support of OEF for a portion of that rating period.  DFAS confirmed he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion for Qatar from 27 February through 17 May 2002.  The available information is not sufficient to determine with certainty the exact period of time he served in each of the listed countries in support of OEF.  However, based on the available information it would be appropriate to correct his record to show he:

   a.  completed qualifying service in support of OEF that entitled him to the GWOTEM and to add this award to his DD Form 214;
   
   b.  completed qualifying service which entitled him to the GWOTSM and to add this award to his DD Form 214; and
   
   c.  served in Afghanistan, Pakistan, and Qatar from 27 February through 17 May 2002 (as service in Kuwait, Oman, Uzbekistan, Egypt, Saudi Arabia, and the United Arab Emirates cannot be verified).


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 amending his DD Form 214 by:

	a.  adding the entry, "SERVICE IN AFGHANISTAN/PAKISTAN/QATAR FROM 20020227-20020517" to item 18, and

	b.  adding the GWOTEM and GWOTSM.



      ____________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)                                         AR20130009791



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ABCMR Record of Proceedings (cont)                                         AR20130009791



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