IN THE CASE OF:  

		BOARD DATE:  12 February 2015	  

		DOCKET NUMBER:  AR20140011218 


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 reflect his participation/deployment in Operation Enduring Freedom (OEF) in 2001.  

2.  The applicant states, in effect, he participated in OEF and his record was never corrected to show his participation.  The Army Commendation Medal (ARCOM) he received substantiates his request.  

3.  The applicant provides a copy of his ARCOM certificate.  

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 15 November 1996. He was honorably released from active duty on 3 March 2003 after serving 6 years,        3 months, and 19 days of net active service.  The highest rank he held was sergeant.

3.  His DD Form 214 shows the following in:

* item 12f (Foreign Service), 1 year, 4 months, and 21 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the - 

* ARCOM (2nd Award)
* Army Achievement Medal (8th Award)
* National Defense Service Medal
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Air Assault Badge

* item 18 (Remarks), no deployment entries

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the Republic of Korea over a 12 month period from 11 June 2000 through 10 June 2001.  This is the only entry for oversea service.  

5.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait during the period 22 November 2001 through 1 April 2002, a period of 4 months and 10 days.  

6.  The applicant provides an ARCOM certificate for meritorious achievement while deployed as a participant in OEF during the period 14 November 2001 through 4 April 2002.  This certificate is annotated as Permanent Orders 60-89, dated 1 March 2002.

7.  A review of his record reveals he was awarded the Army Good Conduct Medal (AGCM) (1st Award) by Permanent Order 278-2, dated 5 October 1999, which is not reflected on his DD Form 214.     



 
8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

   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.  

	b.  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 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.

	c.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, 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 the preparation of the 
DD Form 214.  It stated that for block 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's request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his participation/deployment in OEF in 2001 was carefully considered.  




2.  DFAS records confirmed he received HF/IDP and CZTE for service in Kuwait during the period 22 November 2001 through 1 April 2002, a period of 4 months and 10 days.  This evidence, coupled with the ARCOM he received from            14 November 2001 through 4 April 2002, is appropriate to correct his DD Form 214 to document his deployment to Kuwait in item 18.  

3.  Based on his service in Kuwait, he is authorized the GWOTEM.  Additionally, based on his continued service after 11 September 2001 until his release from active duty, he is also authorized the GWOTSM.  Therefore, these awards should be added to his DD Form 214.

4.  Based on his service in Korea from 11 June 2000 through 10 June 2001, he is authorized the KDSM.  Therefore, it should be added to his DD Form 214.

5.  He was awarded the AGCM (1st Award) for the period of service from           15 November 1996 to 14 November 1999; but the award was not recorded on his DD Form 214.  Therefore, it would be appropriate to add this award to his 
DD Form 214 at this time.

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 amending his DD Form 214 by:

     a.  adding to item 13 the Army Good Conduct Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Korea Defense Service Medal; and



     b.  adding to item 18 the entry "SERVICE IN KUWAIT FROM 20011122 - 20020401."



      ____________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)                                         AR20140003235



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ABCMR Record of Proceedings (cont)                                         AR20140011218



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