IN THE CASE OF:	  

		BOARD DATE:	    4 March 2014

		DOCKET NUMBER:  AR20130011108 


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 foreign service and related awards.

2.  The applicant states:

* he was deployed to Kuwait in December 1999 and returned in June 2000
* his is applying for Department of Veterans Affairs benefits and just discovered the error

3.  The applicant provides a copy of his 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 enlisted in the Regular Army on 20 January 1998.

3.  His DA Form 2-1 (Personnel Qualification Record) shows award of the:

* Army Service Ribbon
* Expert Infantryman Badge
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Achievement Medal (2nd Award)

4.  Orders show he was awarded the Army Achievement Medal as follows:

* Permanent Orders Number 274-22, issued by Headquarters, 2nd Battalion, 7th Infantry (Mechanized), Fort Stewart, GA, dated 1 October 1999, for the period September 1999
* Permanent Orders Number 298-02, issued by Headquarters, 2nd Battalion, 7th Infantry (Mechanized), Fort Stewart, GA, dated 24 October 2000, for the period 7 June 1998 to 1 November 2000
* Permanent Orders Number 70-07, issued by the 705th Military Police Battalion, Fort Leavenworth, KS, dated 11 March 2003, for the period 29 September 2002 to 4 October 2002

5.  On 18 August 2003, he was discharged with a general, under honorable conditions discharge.  His DD Form 214 shows in Item 12f (Foreign Service) he had no foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows award of the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Infantryman Badge

6.  Coordination with the Defense Finance and Accounting Service (DFAS) on the applicant's Master Military Pay Account shows he received hazardous fire pay/imminent danger pay and combat zone tax exclusion for Kuwait for the period 16 December 1999 through 19 April 2000.

7.  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 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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, 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.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  

   a.  The instructions for completing item 12f are to enter, from the Enlisted Record Brief, the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

   b.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks). 

   c.  Awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of foreign service; therefore, he is entitled to correction of his DD Form 214 to show his foreign service.

2.  His DD Form 214 shows one award of the Army Achievement Medal; however, permanent orders awarded the applicant the Army Achievement Medal on three occasions.  Therefore, he is entitled to correction of his DD Form 214 to show three awards of the Army Achievement Medal.

3.  He served a qualifying period of service for award of the GWOTSM; therefore, he is entitled to correction of his DD Form 214 to show this award.


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 amending his DD Form 214 as follows:

	a.  removing from Item 13 award of the Army Achievement Medal and

	b.  adding to his DD Form 214 in:

   *	item 12f the entry "0000  04  04"

   *	item 13 award of the:

   *	Global War on Terrorism Service Medal
   *	Army Achievement Medal (3rd Award)

*	item 18 the entry "SERVICE IN KUWAIT FROM 19991216 - 20000419."



      _____________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)                                         AR20130011108



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ABCMR Record of Proceedings (cont)                                         AR20130011108



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