BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140014720 


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 overseas service and any awards he is authorized for serving overseas.

2.  The applicant states he served in support of Operation Enduring Freedom and his DD Form 214 does not show his overseas service from November 2001 to April 2002.  He states that none of his awards for his overseas service is shown on his DD Form 214.  He states he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 8th Cavalry, 1st Cavalry Division.

3.  The applicant provides a copy of his DD Form 214 and Permanent Orders 318-01 with Personnel Roster, dated 14 November 2001.

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 1 February 2001.  He completed training as a motor transport operator.

3.  On 14 November 2001, Permanent Orders 318-01 were published deploying the unit to which he was assigned to Camp Doha, Kuwait, in support of BlackJack Thunder.

4.  After completing 3 years, 4 months, and 10 days of net active service this period, the applicant was honorably discharged from the Army on 10 June 2004, due to disability.  

5.  Item 12f (Foreign Service) on his DD Form 214 shows "0000 Years, 00 Months, 00 Days."

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

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

7.  Item 18 (Remarks) does not list his service in Kuwait.

8.  Information obtained from the Defense Finance and Accounting Service reveals that per the applicant's master military pay account, he received hostile fire/imminent danger pay for service in Kuwait from 18 November 2001 through 26 March 2002.

9.  Army Regulation 600-8-22 (Military Awards) 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 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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.

10.  Army Regulation 635-5 (Separation Documents), then in effect, 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.  The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It stated:

	a.  In item 12f enter from the Enlisted Record Brief the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  In item 13 enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  

	c.  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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows that he served in Kuwait from 18 November 2001 through 26 March 2002.  His DD Form 214 should be corrected to show his foreign service and award of the Global War on Terrorism Expeditionary Medal.

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, dated 10 June 2004 as follows:

	a.  In item 12f – delete "0000 00 00"

	b.  In item 12f – add "0000 04 09"

	c.  In item 13 – add "Global War on Terrorism Expeditionary Medal"

	d.  In item 18 – add "SERVICE IN KUWAIT FROM 20011118-20020326"




      _______ _   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)                                         AR20140014720



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ABCMR Record of Proceedings (cont)                                         AR20140014720



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