IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130014848 


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 in Iraq.

2.  The applicant states his DD Form 214 does not show his foreign service in Kuwait/Iraq.

3.  The applicant provides his DD Form 214, Certificate of Wartime Service, reenlistment documents, and temporary change of station (TCS) orders.

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.  His records show he enlisted in the Regular Army on 17 August 2004.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 92M (Mortuary Affairs Specialist).

3.  He was subsequently assigned to the 111th Quartermaster Company, 530th Sustainment Support Battalion, 49th Quartermaster Group, Fort Lee, VA.

4.  He provides:

	a.  U.S. Army Combined Arms Support Command and Fort Lee, Fort Lee, VA, Permanent Orders 180-00001, dated 29 June 2006, ordering his TCS to Camp Arifjan, Kuwait, effective 27 July 2006; and

	b.  A Coalition Forces Land Component Command Certificate of Wartime Service presented on 30 September 2006 as a member of the 377th Theater Support Command for his support of the Global War on Terrorism.

5.  He was discharged under honorable conditions on 23 January 2008.  He completed 3 years, 5 months, and 7 days of creditable active service.

6.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Global War on Terrorism Service Medal, Humanitarian Service Medal, and Army Service Ribbon.

7.  His DD Form 214 also shows in:

* item 12f (Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – no awards for Kuwait or Iraq service
* item 18 (Remarks) – no entry indicating a deployment to Kuwait/Iraq

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hazardous fire pay/imminent danger pay for service in Kuwait from 27 July 2006 to 12 February 2007 (6 months and 16 days).

9.  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 Expeditionary Medal (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.

	b.  Initial award of the GWOTEM was limited to service members who deployed abroad in support of Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility, including Kuwait.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated to enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 12f.  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)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his foreign service in Iraq.

2.  TCS orders provided by the applicant show he was assigned to a unit in Kuwait and his DFAS pay records confirm he served in Kuwait.  Based on the available evidence he is entitled to correction of his DD Form 214 to show his foreign service in Kuwait.  There is no evidence showing he served in Iraq.

3.  He served a qualifying period of duty in Kuwait from 27 July 2006 to 12 February 2007 (6 months, and 16 days of foreign service) for award of the GWOTEM.

4.  His DD Form 214 should be corrected to show his total foreign service, his deployment dates, and award of the GWOTEM.

4.  Based on the above, he should be granted partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 23 January 2008 to show:

* item 12f – "0000  06  16"
* item 13 – GWOTEM
* item 18 – "SERVICE IN KUWAIT FROM 20060727-20070212"

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 to correcting his DD Form 214 to show foreign service in Iraq.



      _____________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)                                         AR20130014848



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ABCMR Record of Proceedings (cont)                                         AR20130014848



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