IN THE CASE OF:	  

		BOARD DATE:	16 June 2015

		DOCKET NUMBER:  AR20140018911


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 any missing medals, awards, and citations to which he is entitled.

2.  The applicant states he was medically discharged before all of his medals, awards, and citations could be added to his DD Form 214. 

3.  The applicant provides copies of his DD Form 214 and a memorandum for record (MFR) from the Commander, Battery C, 1st Battalion, 10th Field Artillery Regiment, Fort Benning, Georgia, dated 16 December 2002.

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 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 August 2002.  He completed his initial entry training and was awarded military occupational specialty 13B (Cannon Crewmember).  The highest rank/grade he attained during his period of military service was private first class/E-3.

3.  He was honorably discharged from the Army on 20 January 2004, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-18, by reason of a physical condition, not a disability. His DD Form 214 shows in: 

* Item 12c (Net Active Service This Period), the entry "0001 05 20" indicating he was credited with completing 1 year, 5 months, and 20 days of net active service
* Item 12f (Foreign Service), the entry "0000 06 20" indicating he was credited with completing 6 months and 20 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (AFEM)
* Army Service Ribbon
* Presidential Unit Citation (Army – Air Force)
* Army Lapel Button

* Item 18 (Remarks), no entries indicating he deployed in support of any named operations

4.  The Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay and combat zone tax exclusion during the period 9 January 2003 through 16 July 2003, for service in Kuwait.

5.  His available service record is void of:

* any documentation that shows what units he was assigned to while deployed, and if he was part of the initial assault force that moved north into Iraq at the commencement of Operation Iraqi Freedom (OIF)
* his separation packet
* his enlisted record brief (ERB) or DA Form 2-1 (Personnel Qualification Record – Part II)
* documentation that details his conduct and efficiency ratings 

6.  He provided an MFR from the Commander, Battery C, 1st Battalion, 10th Field Artillery Regiment, Fort Benning, Georgia, dated 16 December 2002, wherein the commander attests to the applicant's assignment to Battery C, 1st Battalion, 10th Field Artillery Regiment upon his return from OIF.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, the Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.

	a.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.  The AFEM was authorized for service in Kuwait during Operation Desert Spring, during the period 31 December 1998 through 18 March 2003, prior to the commencement of OIF. 

	b.  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 GWOT 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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  

	c.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical 
miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010
* New Dawn (1 September 2010-31 December 2011)
	d.  Service members who qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

	e.  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 the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  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 non-consecutive days are authorized the GWOTSM. 

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  It provides that item 18 is used to document the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.  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 YYYYMMDD-YYYYMMDD."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show any missing medals, awards, and citations to which he is entitled was carefully considered.

2.  The evidence of record shows he deployed to Kuwait during the period           9 January 2003 through 16 July 2003.  His DD Form 214 shows he is authorized the AFEM; however, the entitlement period related to the AFEM ended on         18 March 2003.  His deployment continued for at least 4 months after the ending of the eligibility period for the AFEM.  His remaining service in the operational theater after 19 March 2003 qualifies him for the GWOTEM.  This service medal is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it. 
3.  DFAS records show he served in Kuwait and his record is void of any documentation that shows he served in Iraq.  It is possible he moved north with a unit as part of the initial assault force into Iraq at the commencement of OIF on 19 March 2003; however, his record is void of any documentation that supports this possibility.  Barring specific evidence that shows dates, unit(s), and locations of deployments outside of Kuwait, there is insufficient evidence to grant further combat service awards.  

4.  He served a qualifying period for award of the GWOTSM, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show the GWOTSM.

5.  His period of deployed service is not shown on his DD Form 214; therefore, item 18 of his DD Form 214 should be corrected to show "Service in Kuwait from 20030109 – 20030716."

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Item 13 of his DD Form 214 to add the GWOTEM and GWOTSM, and by amending Item 18 of his DD Form 214 to add "Service in Kuwait from 20030109 – 20030716."



      ___________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)                                         AR20100014579



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018911



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1