IN THE CASE OF:	  

		BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130020790 


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 deployment in support of Operation Iraqi Freedom.

2.  The applicant states his deployment in support of Operation Iraqi Freedom during the period 8 January to 3 July 2003 is not reflected on his DD Form 214.

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 was serving in the Arkansas Army National Guard as a motor transport operator when he enlisted in the Regular Army on 5 October 2000 for a period of 3 years.  He was assigned to Fort Hood, Texas.

3.  He deployed to Kuwait during the period 8 January to 3 July 2003 (5 months and 26 days) and returned to Fort Hood with his unit.

4.  On 20 December 2003, he was honorably discharged due to the expiration of his term of service.  He completed 3 years, 2 months, and 16 days of active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal (2nd Award), Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.  It reflects no foreign service in item 12f (Foreign Service) or his deployment in item 18 (Remarks).

5.  A review of his records shows no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal and no disqualification by the commander.

6.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  

7.  Army Regulation 600-8-22 states 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.  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.  

8.  Army Regulation 600-8-22 states 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 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 or 60 nonconsecutive days, are authorized award of the GWOTSM.

9.  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.

	a.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  For item 18 for an active duty Soldier deployed to a foreign country 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:

1.  The applicant served during qualifying periods for awards of the GWOTEM and GWOTSM and he is entitled to have those awards added to his DD Form 214.

2.  The applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 5 October 2000 to 4 October 2003.  Accordingly, it should be awarded at this time and added to his DD Form 214.

3.  The applicant deployed to Kuwait for 5 months and 26 days during the period 8 January to 3 July 2003 and is entitled to have that information reflected on his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for the period 5 October 2000 through 4 October 2003
* deleting the entry "0000  00  00" deleted from item 12f of his DD Form 214
* adding the entry "0000  05  26" to item 12f of his DD Form 214
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award) 
* GWOTEM
* GWOTSM

* adding the entry "SERVICE IN KUWAIT FROM 20030108-20030708" to item 18 of his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20130020790



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ABCMR Record of Proceedings (cont)                                         AR20130020790



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