IN THE CASE OF:	  

		BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140005084 


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, in effect, correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to add any awards to which he is entitled.

2.  The applicant states he did not receive any awards for his service in Afghanistan or Iraq.  He received the National Defense Service Ribbon just for being enlisted in the U.S. Marine Corps; therefore, he should at least receive some service ribbons for his foreign service in Iraq and Afghanistan.  

3.  The applicant provides a service member deployment history out-processing verification, dated 22 October 2003.

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 served on active duty in the U.S. Marine Corps from 
10 September 1996 to 6 September 2000, when he was honorably released from active duty.  He completed 3 years, 11 months, and 27 days of net active service and 7 months and 14 days of total prior inactive service.  In addition, his DD Form 214 for that period shows he was awarded or authorized the U.S. Marine Corps Good Conduct Medal and the Sea Service Deployment Ribbon.

3.  He enlisted in the Regular Army on 2 November 2000 and held military occupational specialty 92G (Food Service Specialist).

4.  Permanent Orders (PO) Number 301-246, issued by Headquarters, Joint Readiness Training Center, Fort Polk, LA, on 28 October 2003, awarded him the Army Good Conduct Medal (1st Award) for the period 2 November 2000 through 
1 November 2003.  

5.  He provided a service member deployment history out-processing verification, dated 22 October 2003, which shows he was deployed from 24 June 2002 to 
2 December 2002 on a named operation for a contingency operation and from 
8 April 2003 to 5 August 2003 on a named operation for a national emergency.  

6.  His DD Form 214 for the period ending on 12 December 2003 shows he was honorably released from active duty.  

	a.  However, this form also shows in:

* item 12a (Entered Active Duty This Period):  "1996-11-05"
* item 12b (Separation Date This Period):  "2003-12-12"
* item 12c (Net Active Service This Period):  "0007-01-08"
* item 12d (Total Prior Active Service):  "0000-00-00"
* item 12e (Total Prior Inactive Service):  "0000-00-00"
* item 12f (Foreign Service):  "0000-09-07"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  "National Defense Service Medal//Army Service Ribbon"
* item 18 (Remarks):  "SOLDIER SERVED FROM 24 FEBRUARY 2002 TO 2 DECEMBER 2002 IN SUPPORT OF OPERATION ENDURING FREEDOM AND FROM 08 APRIL 2003 TO 05 AUGUST 2004 IN SUPPORT OF OPERATION IRAQI FREEDOM"

	b.  Item 18 does not indicate any foreign service or state where his service in support of Operations Enduring and Iraqi Freedom was conducted.

7.  An email from the Defense Finance and Accounting Service (DFAS), dated 
8 April 2014, shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion from:

* 26 June 2002 to 1 December 2002 (5 months and 6 days) for service in Afghanistan 
* 8 April 2003 to 31 August 2003 (4 months and 24 days) for service in Kuwait 

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, 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 days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty 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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE which included Iraq and Kuwait.  

	c.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility 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 11 September 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 2001-30 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)

9.  Army Regulation 635-5 (Separation Documents), in effect at the time stated  when completing the DD Form 214, use extreme care in completing item 12 (Record of Service) since post-service benefits, final pay, retirement credit, and so forth are based on this information.  When making entries in:

	a.  item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

	b.  item 12c, enter the amount of service the Soldier completed during this period.  This is computed by subtracting item 12a from 12b.  

	c.  item 12d, from previously-issued DD Forms 214, enter total amount of prior active military service less lost time, if any. 

	d.  item 12e, from previously-issued DD Forms 214 and/or the Soldier's Enlisted Record Brief (ERB), enter the total amount of prior inactive service, less lost time, if any. 

	e.  item 12f, using the ERB, enter the total amount of foreign service completed during the period covered in block 12c.

	f.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

	g.  item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"


DISCUSSION AND CONCLUSIONS:

1.  The applicant's service on active duty after 11 September 2001 qualifies him for award of the Global War on Terrorism Service Medal and correction of his 
DD Form 214 to add this award.

2.  His deployments to Afghanistan and Kuwait in support of Operations Enduring and Iraqi Freedom qualify him for award of the Global War on Terrorism Expeditionary Medal and correction of his DD Form 214 to add this award.

3.  The evidence of record shows he deployed to Afghanistan in direct support of Operation Enduring Freedom and participated in one campaign.  Therefore, he is entitled to correction of his DD Form 214 to add the Afghanistan Campaign Medal with one bronze service star.

4.  The evidence of record shows he deployed to Kuwait in direct support of Operation Iraqi Freedom; however, there is no evidence he actually served in Iraq.

5.  PO awarded him the Army Good Conduct Medal (1st Award); therefore, he is entitled to correction of his DD Form 214 to add this award.

6.  He was awarded the U.S. Marine Corps Good Conduct Medal and the Sea Service Deployment Medal during his service in the U.S. Marine Corps.  However, these awards were not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to add these awards.

7.  The evidence of record shows that many of the entries in item 12 were entered incorrectly.  For example:

	a.  item 12a shows he entered active duty this period on 5 November 1996; however, this is the date he entered active duty in the U.S. Marine Corps.  He entered active duty in the Army on 2 November 2000.  Therefore, his DD Form 214 should be corrected to show the correct date.  

	b.  item 12c shows he completed a total of 7 years, 1 month, and 8 days of service during the period covered by this DD Form 214.  However, this entry was incorrectly based on the date he entered the U.S. Marine Corps.  He entered active duty in the Army on 2 November 2000 and was honorably released from Active duty on 12 December 2003.  Therefore, he completed 3 years, 1 month, and 11 days of net active service during the period covered by this DD Form 214. Therefore, his DD Form 214 should be corrected to show the period.  

	c.  item 12d of his DD Form 214 does not list any prior active service.  However, the DD Form 214 he was issued upon his release from the U.S. Marine Corps shows he completed 3 years, 11 months, and 27 days.  Therefore, he is entitled to correction of his DD Form 214 to show this prior active service.  

	d.  item 12e of his DD Form 214 does not list any prior inactive service.  However, the DD Form 214 he was issued upon his release from the U.S. Marine Corps shows he completed 7 months and 14 days of prior inactive service.  Therefore, he is entitled to correction of his DD Form 214 to show this prior inactive service.  

	e.  item 12f of his DD Form 214 incorrectly shows he completed 9 months and 7 days of foreign service.  However, he completed 5 months and 6 days of foreign service in Afghanistan and 4 months and 24 days of foreign service in Kuwait.  Therefore, his DD Form 214 should be corrected to show he completed 10 months of foreign service.  

8.  Based on his foreign service dates he is entitled to have his DD Form 214 corrected to add the entries "Service in Afghanistan from 20020626 - 20021201" and "Service in Kuwait from 20030408 - 20030831" to item 18.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned, his DD Form 214 for the period ending on 12 December 2003 be corrected in:

* item 12a by deleting the entry "1996-11-05" and replacing it with the entry "2000-11-02"
* item 12c by deleting the entry "0007-01-08" and replacing it with the entry "0003-01-11"
* item 12d by deleting the entry "0000-00-00" and replacing it with the entry "0003-11-27"
* item 12e by deleting the entry "0000-00-00" and replacing it with the entry "0000-07-14"
* item 12f by deleting the entry "0000-09-07" and replacing it with the entry "0000-10-00"
* item 13 by adding the:

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Afghanistan Campaign Medal with one bronze service star
* U.S Marine Corps Good Conduct Medal 
* Sea Service Deployment Medal

* item 18 by adding the entries 

* "Service in Afghanistan FROM 20020626 - 20021201"
* "Service in Iraq/Kuwait FROM 20030408 - 20030831"



      _______ _   __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)                                         AR20140005084





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ABCMR Record of Proceedings (cont)                                         AR20140005084



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