IN THE CASE OF:	  

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140006739 


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 participation in the following campaigns:  Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF)
* award of the Army Physical Fitness Badge and the Army Achievement Medal

2.  He states, in effect, during his period of service he earned the above recognition.  He would like credit for his achievements with accurate representation reflected on his DD Form 214.  

3.  He provides a Memorandum for Record (MFR), subject:  Award of the Army Physical Fitness Badge, deployment orders, North Atlantic Treaty Organization (NATO) Travel Order, and by-name listing of group deployment to Kuwait.

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 18 January 2000.

3.  A review of his military personnel documents in the Interactive Personnel Electronic Records Management System (iPERMS) included a certificate, dated 14 October 2001, which shows he was awarded the Army Achievement Medal for meritorious achievement from 17 April to 17 May 2001 by Permanent Orders 287-005, dated 14 October 2001, published by Headquarters, 2nd Battalion, 3rd Field Artillery.  His service record is void of orders showing he was awarded an additional Army Achievement Medal.

4.  iPERMS also included his Enlisted Record Brief which shows in:

* Section D (Overseas Service) he served in Germany from 5 July 2000 to 
4 July 2002  
* Section E (Awards and Decorations) the Overseas Service Ribbon, Army Service Ribbon, National Defense Service Medal, and Army Good Conduct Medal

5.  He provided the following documents:

   a.  An MFR, dated 12 December 2001, which shows he was awarded the Army Physical Fitness Badge.
   
   b.  Group orders, dated 15 January 2003, Headquarters Company, 11th Signal Brigade, Fort Huachuca, AZ showing he was deployed in support of OEF, effective on or about 1 February 2003. 
   
   c.  NATO Travel Order 015-00020 with by-name listing, showing he was deployed to Kuwait on or about 1 February 2003 with an expected date of return of 30 July 2003.  

6.  He was released from active duty on 17 January 2004.  The DD Form 214 issued for this period shows in:

	a.  Item 12f (Foreign Service) 2 years.


	b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) award of the Kosovo Campaign Medal, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Army Lapel Button, and NATO Medal.

   c.  Item 18 (Remarks) no entry indicating he was deployed in support of OEF or OIF.

7.  He subsequently served in the Army National Guard from 18 January 2004 to 20 May 2005.  On the day following, he was transferred to the U.S. Army Reserve to complete his military service obligation.  He was discharged from the USAR on 19 January 2010.

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 16 February through 10 September 2003.  This equates to a period of 6 months and 26 days of foreign service.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  It 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 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.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait.

10.  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 have participated in Global War on Terrorism operations outside of the areas of eligibility (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 days or 60 nonconsecutive days are authorized the GWOTSM.  

11.  Army Regulation 600-8-22, paragraph 8-51 provides for award of the Physical Fitness Badge.  That paragraph states the Physical Fitness Badge was established by the Secretary of the Army on 25 June 1986.  Effective 1 February 1999, Soldiers who obtain a minimum score of 270 or above, with a minimum of 90 points per event on the Army Physical Fitness Test (APFT) and meet the body fat standards will be awarded the Physical Fitness Badge for Physical Fitness Excellence.  Soldiers are required to meet the above criteria each record test to continue to wear the badge.  Soldiers are required to take the APFT every six months, one of which must be for "record."  

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  

13.  Army Regulation 635-5 (Separation Documents) 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 establishes standardized policy for the preparation of the DD Form 214.  It directs for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military pay records show he received HFP/IDP and CZTE for the period 16 February through 10 September 2003 for service in Kuwait (a period of 6 months and 26 days).  Therefore, it would be appropriate to amend item 12f of his DD Form 214 to reflect an additional 6 months and 26 days of foreign service and to amend item 18 to show he served in Kuwait from 16 February through 10 September 2003 in support of OEF.  

2.  The evidence of record shows he served a period of qualifying service for award of the GWOTEM and GWOTSM.  Therefore, these medals should be added to his DD Form 214.  His service record is void of evidence which shows he served in Iraq.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show OIF.  

3.  The evidence of record shows the applicant was awarded the Army Physical Fitness Badge for his November 2001 APFT.  Soldiers are required to take a semi-annual record APFT and are required to meet established criteria each time in order to retain the badge.  His record is void of evidence showing he was awarded the Army Physical Fitness Badge within a year of his separation date.  Therefore, he is not entitled to have it added to his DD Form 214.  

4.  Permanent orders show the applicant was awarded the Army Achievement Medal and it is recorded on his DD Form 214.  His service record is void of evidence and he has not provided any evidence which indicates he was awarded an additional Army Achievement Medal.  

5.  The evidence shows the applicant completed an overseas tour; therefore, he is eligible for award of the Overseas Service Ribbon and correction of his 
DD Form 214 to show this award. 

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.  amending item 12f by deleting the entry "0002 00 00" and adding the entry "0002 06 26"; 

	b.  amending item 13 by adding award of the GWOTEM, GWOTSM, and Overseas Service Ribbon; and 

	c.  amending item 18 by adding the entry "SERVICE IN KUWAIT 20030216 - 20030910."

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 adding service in OIF, the Army Physical Fitness Badge, and an additional Army Achievement Medal to 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)                                         AR20140006739



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ABCMR Record of Proceedings (cont)                                         AR20140006739



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