IN THE CASE OF:	  

		BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130017345 


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 the period of his foreign service in Kuwait, his authorized awards, and the correct discharge date.

2.  The applicant states he deployed with Company A, 20th Engineer Battalion, 1st Cavalry ("Black Knights") Division, and he served in Kuwait in support of Operation Desert Spring from December 2000 to May 2001.  His DD Form 214 does not show his combat deployment or his awards; specifically, the Army Achievement Medal (AAM), "Expeditionary Medal," or Combat Action Badge.
He adds that he was discharged in January 2002, not on 18 December 2001.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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 23 September 1999 for a period of 4 years.  Upon completion of training he was awarded military occupational specialty (MOS) 12B (Combat Engineer) and assigned to
Company A, 20th Engineer Battalion, 1st Cavalry Division, Fort Hood, TX.

3.  On 26 November 2001, the Commander, Engineer Brigade, 1st Cavalry Division, Fort Hood, TX, approved the applicant's discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14 (Misconduct), paragraph 14-12c, based on commission of a serious offense.

4.  Headquarters, III Corps, Fort Hood, TX, Orders 347-0205, dated
13 December 2001, reassigned the applicant to the transition center for discharge on 18 December 2001.

5.  The applicant's DD Form 214 shows he was discharged under honorable conditions on 18 December 2001 based on misconduct.  He had completed 
2 years, 2 months, and 26 days of total active service.  It also shows in:

	a.  item 12f (Foreign Service):  "0000 years, 00 months, and 00 days;"

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  item 18 (Remarks) does not show the applicant deployed to Kuwait or the period of any such deployment.

6.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay from 20 December 2000 through 
19 April 2001 for Kuwait.

7.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded any additional awards or decorations.


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

	a.  The AAM is awarded to members of the Armed Forces of the United States who distinguished themselves by meritorious service or achievement. 
As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  The Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.  Qualifying service for this award includes participation in Operation Desert Spring in Kuwait during the period 31 December 1998 through 18 March 2003.

	c.  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 (GWOT) 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.

	d.  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 GWOT operations outside of the AOE designated for award of the GWOTEM, Iraq Campaign Medal, or Afghanistan 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 the GWOTSM.

	e.  The requirements for award of the Combat Action Badge (CAB) are branch and MOS immaterial.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.
9.  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 and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 12f, enter total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	c.  item 18, for an active duty Soldier deployed with his unit to a foreign country 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 contends that his DD Form 214 should be corrected to show the period of his foreign service in Kuwait, his authorized awards, and the correct discharge date.

2.  The evidence of record shows the applicant served in Kuwait from
20 December 2000 through 19 April 2001.

   a.  A calculation of this period of overseas service shows the following:

	2001  04  19	date of redeployment
	- 2000  12  20	date of deployment to Kuwait
	=     00  03  29
	+                   1	day inclusive
	=     00  04  00	or 4 months of total foreign service

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

3.  The applicant requests award of the "Expeditionary Medal."  Thus, it is not clear whether he thinks he is eligible for the AFEM or GWOTEM.

4.  The evidence of record shows the applicant's service in Kuwait in support of Operation Desert Spring qualified him for award of the AFEM.
5.  There is no evidence of record that shows the applicant deployed for service in GWOT operations on or after 11 September 2001 to the AOE authorized the GWOTEM.  Therefore, he is not entitled to the GWOTEM.

6.  The evidence of record shows the applicant's service in support of GWOT operations on or after 11 September 2001 outside the AOE designated for award of the GWOTEM qualified him for award of the GWOTSM.

7.  There are no orders or any other evidence that shows the applicant was awarded the AAM.  Therefore, he is not entitled to the AAM.

8.  Records show the separation authority approved the applicant's separation action on 26 November 2001 and he was issued orders discharging him from the Army effective 18 December 2001.

   a.  His DD Form 214 shows he was discharged on 18 December 2001.  

   b.  There is no evidence of record that shows the applicant was discharged from the Army in January 2002.

   c.  Thus, there is insufficient evidence to support the applicant's contention that he was discharged in January 2002.

9.  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:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

   a.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and adding the entry "0000  04  00;"

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

* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal

	c.  adding the statement "SERVICE IN KUWAIT FROM 20001220-20010419" to item 18 of his DD Form 214.

2.  The Board further determined that 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 service in Kuwait from December 2000 to May 2001; award of the Army Achievement Medal, Global War on Terrorism Expeditionary Medal, and Combat Action Badge; and discharge date.




      _______ _   __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)                                         AR20130017345



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ABCMR Record of Proceedings (cont)                                         AR20130017345



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