IN THE CASE OF:	  

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017303 


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 foreign service, all awards, and his correct military occupational specialty (MOS).

2.  The applicant states he was transferred to a brigade from a battalion and his military history does not reflect his duties when he was assigned to a brigade. 

3.  The applicant does not provide any additional evidence. 

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 3 November 1998.  He completed training and was awarded MOS 55D (Explosive Ordnance Disposal (EOD) Specialist).  

3.  Permanent Order 309-1-4, issued by Department of the Army, Alpha Detachment, 15th Personnel Services Battalion, Fort Hood, TX, dated                 5 November 2001 shows he was awarded the Army Good Conduct Medal (AGCM) (1st Award) for the period 3 November 1998 to 2 November 2001.

4.  Orders 344-150, issued by Department of the Army, Alpha Detachment, 15th Personnel Services Battalion, Fort Hood TX, dated 10 December 2001 show he was promoted to sergeant (SGT) and awarded MOS 55B2O (Ammunition Specialist) as his primary MOS effective 1 November 2001. 

5.  On 27 February 2004, he was honorably discharged from active duty.  The DD Form 214 issued at that time shows in:

* block 11 (Primary Specialty) – 55D1O 00 EOD Specialist -- 4 yrs - 9 mos
* block 12f (Foreign Service) – no foreign service
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver - W Bar

* block 18 (Remarks) – no entries referencing deployed 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 14 February 2003 through 20 May 2003, a period of 3 months and 6 days.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states 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 areas of eligibility (AOE) designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  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.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states for:

     a.  item 11, enter the titles of all MOS or areas of concentration (AOC) served for at least 1 year and include for each MOS the number of years and months served;
	
     b.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and

	c.  item 18 for an active duty Soldier deployed with his unit during his 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 evidence provided by DFAS shows the applicant was deployed to Kuwait during the period 14 February 2003 through 20 May 2003, a period of 3 months and 6 days.  This foreign service was not recorded in item 12f of his DD Form 214 and the period of deployed service in Kuwait was not entered in item 18.  It would be appropriate to amend his DD Form 214 to add these entries documenting his deployed service at this time.

2.  Orders awarded him MOS 55B2O as his primary MOS effective                            1 November 2001.  Therefore, he is entitled to have this MOS added to his       DD Form 214.

3.  Permanent orders awarded him the AGCM (1st Award).  He is entitled to correction of his DD Form 214 to show this award.

4. He completed a qualifying period of service for entitlement to the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.



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:

     a.  adding to item 11 the entry "55B2O Ammunition Specialist - 2 yrs - 4 mos";

     b.  deleting from item 12f of his DD Form 214 the entry "0000  00  00"  replacing it with the entry "0000  03  06";

     c.  adding to item 13 of his DD Form 214 the:

* AGCM
* GWOTSM

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030214 - 20030520."



      _______ _   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)                                         AR20140017303





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ABCMR Record of Proceedings (cont)                                         AR20140017303



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