IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140017443
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in support of Operation Enduring Freedom (OEF).
2. The applicant states he was deployed in support of OEF for 2 months and 11 days and it is not noted on his DD Form 214.
3. The applicant provides his DD Form 214, orders, and a letter from the Department of the Navy.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 April 2010. He completed training and was awarded military occupational specialty 14H (Air Defense Enhanced).
2. Orders HO-010-0148, issued by Headquarters, III Corps and Fort Hood, TX, dated 10 January 2011 show he was deployed in support of OEF.
3. A letter from the Department of the Navy, dated 22 March 2011 recommended he be medically evacuated to Landstuhl Regional Medical Center for medical treatment.
4. Orders 015-0111, issued by Headquarters, III Corps and Fort Hood, TX, dated 15 January 2013 show he was placed on the Temporary Disability Retired List effective 29 January 2013.
5. On 28 January 2013, he was honorably retired from active duty. His DD Form 214 shows he completed 2 years, 9 months, and 8 days of creditable active service. His DD Form 214 also shows in:
* item 12f (Foreign Service) 0000 02 11
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* National Defense Service Medal
* Army Service Ribbon
* item 18 (Remarks) no entry for 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 and combat zone tax exclusion for service in Kuwait from 20 January 2011 through 24 March 2011, a period of 2 months and 4 days.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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 Global War on Terrorism Expeditionary Medal (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.
b. The 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 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 other, specified criteria. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Afghanistan.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.
DISCUSSION AND CONCLUSIONS:
1. DFAS records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 20 January 2011 through 24 March 2011. Based on documentary evidence of his service in Kuwait, his DD Form 214 should be corrected to show this foreign service.
2. He served on active duty from 21 April 2010 through 28 January 2013. Therefore, he served a qualifying period for award of the GWOTSM and is entitled to correction of his DD Form 214 to show this award.
3. He served a qualifying period in Kuwait, as evidenced by his deployment orders and records from DFAS. Therefore, he is entitled to correction of his DD Form 214 to show the GWOTEM.
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 13 of his DD Form 214 the GWOTSM and the GWOTEM; and
b. adding to item 18 of his DD Form 214 the statement "SERVICE IN KUWAIT FROM 20110120-20110324."
_______ _ __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) AR20140017443
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ABCMR Record of Proceedings (cont) AR20140017443
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