BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140015910 


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 the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal. 

2.  The applicant states he retired on 30 June 2003.  The message providing instructions for these awards was issued in March 2004, after his retirement. 

3.  The applicant provides:

* DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel for DOD Personnel)
* DD Form 1351-2 (Travel Voucher or Sub-Voucher)
* All Army Activities Message, dated 17 March 2004
* Officer Record Brief
* 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's records show he was appointed as a commissioned officer and executed an oath of office on 9 May 1981.  He entered active duty on 20 February 1984.  He served in a variety of stateside or overseas assignments and he was promoted to major (MAJ) in September 1994.  He served in:

* Panama for 24 months through 1 March 1999
* Southwest Asia for 6 months, 3 November 1990 to 1 April 1991
* United Kingdom for 12 months through 1 December 1993
* Korea for 12 months, 30 January 1996 to 20 January 1997 

3.  He provides: 

	a.  DD Form 1610, dated 19 February 2003, authorizing him travel from MacDill Air Force Base to Qatar for 179 days from on or about 23 February 2003. 

	b.  DD Form 1351-2, dated 4 April 2003, that shows he traveled from Tampa, FL, on 23 February 2003 and arrived in Doha, Qatar, on 24 February 2003.  He departed Doha, Qatar, on 2 April 2003 and arrived back in Tampa on 3 April 2003. 

4.  He retired on 30 June 2003 and he was placed on the Retired List in his retired grade of MAJ on 1 July 2003.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: 

* Bronze Star Medal
* Defense Meritorious Service Medal
* Meritorious Service Medal (4th Award)
* Joint Service Commendation Medal 
* Army Commendation Medal 
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Armed Forces Reserve Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Kuwait Liberation Medal
* Parachutist Badge
* Air Assault Badge
* Saudi Kuwait Liberation Medal

5.  Item 18 (Remarks) of his DD Form 214 does not show his deployments.

6.  An email, dated 3 October 2014 from the Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay from 24 February to 3 April 2003 for service in Qatar. 

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

	a.  The Global War on Terrorism Expeditionary Medal 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 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.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom to qualify for award of the Global War on Terrorism Expeditionary Medal .  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE), which included Qatar. 

	b.  The Global War on Terrorism Service Medal 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 Global War on Terrorism Service Medal.

	c.  The Korea Defense Service Medal 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 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states that for block 12f to enter the total active duty performed outside continental United states during the period covered by the DD Form 214; for item 13 to list all awards and decorations from the Soldier's records; and for block 18, for Soldier deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant deployed to/served in Qatar from 24 February 2003 to 3 April 2003 in support of the Global War on Terrorism.  Therefore, he served a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal and his DD Form 214 should be corrected to show it.

2.  The applicant served on active duty through 30 June 2003 during a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  He also served in Korea from January 1996 to January 1997 during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant deployed to/served in Southwest Asia from 3 November 1990 to 1 April 1991 and Qatar from 24 February 2003 to 3 April 2003.  Therefore, item 18 of his DD Form 214 should be corrected to show these deployments. 





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

* adding to item 13 of his DD Form 214 the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Korea Defense Service Medal
* adding to item 18 of his DD Form 214 the "Service in Southwest Asia 19901103-19910401" and "Service in Qatar 20030224-20030403"



      __________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)                                         AR20140015910





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ABCMR Record of Proceedings (cont)                                         AR20140015910



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