IN THE CASE OF:	 

		BOARD DATE:  10 September 2013

		DOCKET NUMBER:  AR20130014762


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 foreign service.

2.  The applicant states he cannot wear the campaign medals he earned without documentation on his DD Form 214.  His records were lost when he was released from active duty so he was forced to try to recreate his personnel records from information obtained from various offices on post.

3.  The applicant provides:

* memorandum for record from the 112th Signal Battalion (Airborne) personnel tempo (PERSTEMPO) Noncommissioned Officer, dated 6 October 2003, subject:  PERSTEMPO Documentation
* Personnel Deployments Data Input individual printout
* leave and earnings statements (LES) covering the periods 1 October 2001 through 28 February 2002 and 1 August 2002 through 31 October 2002

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 30 April 1999.  He completed initial entry training and was awarded military occupational specialty 31C (Radio Operator/Maintainer).

3.  On 31 October 2003, he was released from active duty and transferred to the U.S. Army Reserve (USAR).

4.  His DD Form 214 shows he completed 4 years, 6 months, and 1 day of net active service.

	a.  Item 12f (Record of Service – Foreign Service) does not show he was credited with any foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show he was awarded or authorized any ribbons, medals, or badges associated with campaign participation in combat operations.

	c.  Item 18 (Remarks) does not show he participated in any named operations in support of overseas contingency operations.

5.  The Defense Finance and Accounting Service (DFAS) records show the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in:

* Uzbekistan from on or about 31 October 2001 through on or about 6 February 2002
* Afghanistan from on or about 17 August 2002 through on or about 17 October 2002

6.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

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

	a.  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 (AOE) designated for award of the Global War on Terrorism Service Medal (GWOTEM), Afghanistan Campaign Medal (ACM), 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 award of the GWOTSM.

	b.  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.

		(1)  The general 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.  

		(2)  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 or meet other specified criteria.  The initial award of the GWOTEM was limited to service members who deployed abroad in support of Operation Enduring Freedom (OEF) or Operation Iraqi Freedom in designated specific geographic AOE's (including Uzbekistan).

	c.  The ACM is awarded to members of the Armed Forces who served in direct support of OEF.  The AOE encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)
* Consolidation III (1 December 2009-30 June 2011)
* Transition I (1 July 2011-date to be determined)

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

standardized policy for preparing and distributing the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service was carefully considered and determined to have merit.

2.  According to DFAS records, the applicant served in Uzbekistan from on or about 31 October 2001 through on or about 6 February 2002 (3 months and 6 days) and he served in Afghanistan from on or about 17 August 2002 through on or about 17 October 2002 (2 months and 1 day).

3.  These combined periods of foreign service equal 5 months and 7 days which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.  As a related issue, it would be appropriate to amend item 18 of his DD Form 214 to document each specific period and location.

4.  His active duty service and his specific service in support of OEF authorize him award of the GWOTSM, GWOTEM, and ACM with one bronze service star, which are not shown on his DD Form 214.  Therefore, it would be appropriate to amend his DD Form 214 to show these awards.

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.  amending item 12f of his DD Form 214 to show 5 months and 7 days of foreign service;

	b.  amending item 13 of his DD Form 214 to show award of the GWOTSM, GWOTEM, and ACM with one bronze service star; and

	c.  amending item 18 of his DD Form 214 to add the entries:  "SERVICE IN UZBEKISTAN FROM 20011031-20020206" and "SERVICE IN AFGHANISTAN FROM 20020817-20021017."



      _______ _  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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20130014762



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