BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140010620 


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 and all of his authorized awards.

2.  The applicant states his DD Form 214 does not include any notation of his foreign service during Operation Iraqi Freedom or Operation Enduring Freedom and does not list all of his awards for these periods of service.  He did not notice the omissions until he applied for specialty license plates.

3.  The applicant provides copies of 2001 deployment orders, an Individual Jump Record, a Development Counseling Form, six Leave and Earning Statements (LES), an email from a fellow service member, and 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 enlisted in the Regular Army on 25 January 2000, completed training, and was awarded the military occupational specialty 63B (H8 Light Wheeled Vehicle Mechanic).

3.  5th Special Forces Group Special Orders B 26039, dated 9 November 2001, reassigned the applicant for deployment in support of Operation Enduring Freedom effective 11 November 2001.

4.  A 1 March 2002 Developmental Counseling Form notes the applicant had deployed overseas during Operation Enduring Freedom.  

5.  A review of his pay records at the Defense Finance and Accounting Service (DFAS) show receipt of hostile fire pay from 13 November 2001 through 5 February 2002 in Uzbekistan and 29 January 2003 through 28 August 2003 in Kuwait.

6.  The applicant was honorably released from active duty on 24 January 2004.  His DD Form 214 provides the following at block –

* 12f (Foreign Service), 0000 00 00
* 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Parachutist Badge
* 18 (Remarks), no entries of any deployments

7.  The statement provided by a fellow service member who served with the applicant states that he and the applicant served in Afghanistan from 21 November 2001 – 12 March 2002 and in Kuwait/Iraq from 28 February 2003 – 26 November 2003.

8.  Army Regulation 600-8-22 (Military Awards) provides the following

   a.  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 Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.
   
   b.  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.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF) in designated specific geographic areas of eligibility including Afghanistan, Iraq, Kuwait, and Uzbekistan.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.
   
	c.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of 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.  The 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)
   
	d.  The Iraq Campaign Medal is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)

* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	e.  Both the Afghanistan Campaign Medal and the Iraq Campaign Medal were created in May 2004 with retroactive authorization.  The legislation creating these awards states that under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

	f.  A service member who was authorized the GWOTEM may elect to receive the Afghanistan Campaign Medal or the Iraq Campaign Medal in lieu of the GWOTEM based on the appropriate service periods and locations.

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.  It establishes standardized policy for preparing and distributing the DD Form 214 and states for an active duty Soldier deployed with his or her unit 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's DD Form 214 fails to show his foreign service during either of his two deployments at either block 12f or block 18.  

2.  His pay records show receipt of hostile fire pay from 13 November 2001 through 5 February 2002 and 29 January 2003 through 28 August 2003, a total of 1 year, 7 months, and 24 days.

3.  It would be appropriate to correct the DD Form 214 to show at block 12f "0001 07 24." 

4.  Based on the available evidence it is reasonable to assume the applicant served in Afghanistan as well as Uzbekistan during his first deployment and in Iraq as well as Kuwait during his second deployment.

5.  Therefore, it would be appropriate to correct his DD Form 214 block 18 entry to include the statement; "SERVICE IN AFGHANISTAN/UZBEKISTAN FROM 20011113 – 20020205: KUWAIT/IRAQ FROM 20030129 – 20030828."

6.  The applicant served during a period for which the GWOTSM is authorized.  His records and DD Form 214 do not reflect this award.  It would be appropriate to correct his records to show he is authorized this award.

7.  The applicant served in Afghanistan/Uzbekistan during the period for which both the GWOTEM and the Afghanistan Campaign Medal are authorized, and in Kuwait/Iraq during the period for which the GWOTEM and the Iraq Campaign Medal are authorized.  

8.  Since no service member may be awarded the Afghanistan Campaign Medal or the Iraq Campaign Medal and the GWOTEM for the same periods of service and based on his request, it appears he would prefer to be authorized the Afghanistan Campaign Medal for his first deployment and the Iraq Campaign Medal for his second deployment in lieu of the GWOTEM.

9.  Therefore, based on his periods of deployment, it would be appropriate to correct the applicant's records to show he is authorized the Afghanistan Campaign Medal with two bronze service stars and the Iraq Campaign Medal with two bronze service stars.  

10.  Additionally, it would be appropriate to correct the applicant's DD Form 214 to include the Global War on Terrorism Service Medal, Afghanistan Campaign Medal with two bronze service stars, and the Iraq Campaign Medal with two bronze service stars.

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 be corrected by correcting the DD Form 214 to show at; 

   a.  block 12f  "0001 07 24";
   b.  block 13, his awards also include the Global War on Terrorism Service Medal, Afghanistan Campaign Medal with two bronze service stars, and the Iraq Campaign Medal with two bronze service stars; and 
   
   c.  block 18, his periods of deployment as "SERVICE IN AFGHANISTAN/UZBEKISTAN FROM 20011113 – 20020205: KUWAIT/IRAQ FROM 20030129 – 20030828."



      _______ _  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)                                         AR20140010620



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ABCMR Record of Proceedings (cont)                                         AR20140010620



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