IN THE CASE OF:  	  

		BOARD DATE:  7 October 2014	  

		DOCKET NUMBER:  AR20140003230 


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 support of Operations Iraqi Freedom and Enduring Freedom.

2.  The applicant states his deployment during Operations Iraqi Freedom and Enduring Freedom is missing from his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal Certificate
* DA Form 638 (Recommendation for Award)

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 16 August 2001.  He completed training and was awarded military occupational specialty 92F (Petroleum Supply Specialist).

3.  On 9 January 2004, he was honorably released from active duty.  His DD Form 214 shows he completed 2 years, 4 months, and 24 days of creditable active service.  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) –

* National Defense Service Medal
* Army Service Ribbon

* item 18 (Remarks) – no deployed service

4.  The applicant provided a copy of his Army Commendation Medal Certificate and DA Form 638 that show he served in support of Operation Iraqi Freedom while assigned to Battery B, 1st Battalion, 12th Field Artillery Regiment, 17th Field Artillery Brigade.  His DA Form 638 shows, in part, he "served as a key asset in transporting 4,500 gallons of fuel from Kuwait to Iraq, assisting in conducting refueling operations in a hostile environment."

5.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 14 April 2003 through 18 October 2003.

6.  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.  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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Initial award of the GWOTEM was limited to service members who deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait.

	b.  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.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.

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

	b.  For an active duty Soldier deployed 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)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Army Commendation Medal for service in Kuwait and Iraq in support of Operation Iraqi Freedom.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Based on his service in Kuwait and Iraq, he is authorized award of the GWOTEM.  Based on his qualifying active duty service in support of the Global War on Terrorism outside an authorized AOE between 16 August 2001 and 9 January 2003, he is also authorized award of the GWOTSM.  Therefore, it would be appropriate to add these awards to his DD Form 214.

3.  DFAS records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 14 April 2003 through 18 October 2003, a period of 6 months and 5 days.  Based on documentary evidence of his service in Kuwait and Iraq, his DD Form 214 should be corrected to show this foreign service.

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:

* amending item 12f of his DD Form 214 to read "0000  06  05"
* adding the following awards to item 13 of his DD Form 214 –

* Army Commendation Medal
* GWOTEM
* GWOTSM

* adding the entry "SERVICE IN KUWAIT/IRAQ FROM 20030414-20031018" to item 18 of his DD Form 214



      _______ _   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)                                         AR20140003230



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ABCMR Record of Proceedings (cont)                                         AR20140003230



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