IN THE CASE OF:	   

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140013408 


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 he is authorized the Global War on Terrorism Service Medal (GWOTSM) and the Global War on Terrorism Expeditionary Medal (GWOTEM).  

2.  The applicant states he was informed that his service after 11 September 2001 qualifies him for the GWOTSM or the GWOTEM.  He contends he deployed to Kuwait following the 11 September 2001 events.  

3.  The applicant provides no additional evidence in support of his request.  

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 16 May 1997.

3.  His DA Form 2-1 (Personnel Qualification Record-Part II) shows he served in Korea from 5 October 1997 to 2 October 1998 (11 months and 28 days).  

4.  Permanent Orders Number 286-04, dated 13 October 1998, issued by the 728th Military Police Battalion, awarded him the Driver and Mechanic Badge with Driver-W Bar.  

5.  He was honorably released from active duty on 15 May 2003.  His DD Form 214 shows in:

	a.  block 12f (Foreign Service), he served 11 months and 28 days of foreign service;

	b.  block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

	c.  block 18 (Remarks), he served in Kuwait from 10 August to 18 December 2000 (4 months and 9 days).

6.  There is no evidence in his available records that shows he served in Kuwait after 11 September 2001.

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

	a.  The 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 50 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE.

	b.  The 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.

8.  Army Regulation 635-5 (Separation 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 provided standardized policy for preparation of the DD Form 214 and stated that in block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Service This Period).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of active service after 11 September 2001, which qualifies him for award of the GWOTSM.  This award is not listed on his DD Form 214; therefore, it should be added to his DD Form 214.  

2.  Based on his service in Korea, he is authorized the KDSM and correction of his DD Form 214 to show this award.  

3.  Permanent orders show he was awarded the Driver and Mechanic Badge with Driver-W Bar.  This badge is not listed on his DD Form 214; therefore, it should be added to his DD Form 214.  

4.  Block 12f of his DD Form 214 shows he served 11 months and 28 days of foreign service; however, this amount of foreign service pertains to his service in Korea only.  Therefore, block 12f should be corrected to reflect the 4 months and 9 days of service performed in Kuwait, for a total of 1 year, 4 months, and 7 days of foreign service.  

5.  There is no evidence in his available records that shows he deployed abroad in support of the Global War on Terrorism on or after 11 September 2001.  Therefore, there is no basis to correct his DD Form 214 by adding the GWOTEM.

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.  deleting the current entry in block 12f of his DD Form 214 and replacing it with the entry "0001  04  07" and

	b.  adding to his DD Form 214 the Global War on Terrorism Service Medal, Korea Defense Service Medal, and the Driver and Mechanic Badge with Driver-W Bar.

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 GWOTEM.




      ____________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)                                         AR20140013408



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ABCMR Record of Proceedings (cont)                                         AR20140013408



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