IN THE CASE OF:	   

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140012414 


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 foreign service credit for service in Iraq/Kuwait and any medal and/or ribbons he is entitled to. 

2.  The applicant states none of his overseas time was listed on his DD Form 214 nor were any ribbons, medals, driving badges or campaign honors listed. 

3.  The applicant provides his DD Form 214 and orders.  

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 31 July 2002.  After completing initial entry training, he was awarded military occupational specialty 21W (Carpentry and Masonry Specialist).

3.  Orders 013-01, issued by Headquarters, 13th Corps Support Command,     Fort Hood, Texas, dated 13 January 2003, ordered him to deploy in a temporary change of station status to the Central Command area of responsibility in support of Operation Enduring Freedom.  

4.  Orders 127, issued by Headquarters, 1st Personnel Command, Germany, dated 7 May 2003, ordered him to report to the 334th Replacement Company, Operation Iraqi Freedom, for further movement instructions to a unit of assignment in the deployed area of operations.  The orders show he was at a U.S. Navy hospital in Spain at the time.

5.  On 11 October 2004, he was honorably discharged from active duty.  His    DD Form 214 shows in:

* item 12f (Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Lapel Button
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

* item 18 (Remarks) – no entry indicating a deployment during his active duty service

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account (MMPA).  His MMPA shows he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 19 January 2003 through 4 May 2003 (3 months and 16 days).  However, there is no evidence he served in Iraq.

7.  His record is void of evidence showing he possessed a U.S Government Motor Vehicle Operator’s Identification card or that he held a duty position with the title driver nor does he provide any.

8.  Army Regulation 635-8 (Separation Processing and Documents) establishes standardized policy for the preparation of the DD Form 214.  It states:
	a.  For block 12f, enter the total amount of service performed outside the continental United States during the period covered by the DD Form 214.  In addition, list periods of deployed service in block 18.

	b.  For block 18, in part, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).”  

9.  Review of his record indicates he is entitled an additional award not listed on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) 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 the 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 areas of eligibility (AOE), including Kuwait and Iraq.  The basic criteria for the award require service members to be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

    b.  To be awarded the Driver and Mechanic Badge, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8,000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, and must perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the driver’s badge was considered, but found to be without merit. 

2.  His record is void of any evidence and he did not provide any evidence showing he completed a formal driver's training course, that he was issued a military driver's license, or that he held a duty position with the title of driver.  Therefore, he is not entitled to award of the Driver’s Badge.
3.  Records show he was deployed to Kuwait from 19 January 2003 through        4 May 2003 (3 months and 16 days).  It would be appropriate to amend blocks 12f and 18 of his DD Form 214 to show this foreign service.  However, there is no evidence he served in Iraq. 

4.  The evidence of record confirms the applicant served in Kuwait during a qualifying period for award of the GWOTEM.  Therefore, he is entitled to 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 making the following corrections to his DD Form 214:

	a.  deleting from block 12f of his DD Form 214 the current entry and replacing it with the entry "0000  03  16;" 

	b.  adding to block 13 of his DD Form 214 the GWOTEM; and

     c.  add to item 18 of his DD Form 214 the statement "SERVICE IN KUWAIT FROM 20030119-20030504."

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 service in Iraq and the Driver’s Badge.  




      _______ _   _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)                                         AR20140012414





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ABCMR Record of Proceedings (cont)                                         AR20140012414



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