IN THE CASE OF:	  

		BOARD DATE:	  5 February 2015

		DOCKET NUMBER:  AR20140009235 


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) for the period ending 7 October 2003 to show his foreign service and deployment to Kuwait.

2.  The applicant states:

* he wants his foreign service added to his DD Form 214
* he deployed with Company F, 106th Aviation Regiment, Illinois Army National Guard (ARNG), in support of Operation Enduring Freedom on 13 April 2003

 3.  The applicant provides:

* active duty orders
* reassignment orders
* DD Form 214 for the period ending 7 October 2003

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.  Having prior active enlisted service in the U.S. Marine Corps, the applicant enlisted in the ARNG on 22 December 1986.  He was ordered to active duty in support of Operation Enduring Freedom effective 3 February 2003.

3.  He provided Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Orders 101-721, dated 11 April 2003, showing his unit was reassigned to U.S. Central Command in support of Coalition Forces Land Component Command and deployed to Kuwait on or about 13 April 2003.

4.  His leave and earnings statements (LESs) confirm he received hostile fire pay/imminent danger pay and combat zone tax exclusion in 2003; however, his specific inclusive dates cannot be determined.

5.  He was released from active duty on 7 October 2003.

6.  His DD Form 214 for the period ending 7 October 2003 shows he was awarded or authorized the:

* Marine Corps Good Conduct Medal
* Army Reserve Components Achievement Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Humanitarian Service Medal
* Armed Forces Reserve Medal with 10-Year Device
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon (3rd Award)
* Meritorious Mast

7.  Item 12f (Foreign Service) of this DD Form 214 does not show any foreign service and item 18 (Remarks) does not show any deployed service.

8.  On 21 November 2003, he was honorably discharged from the ARNG and transferred to the Retired Reserve.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214.  The regulation provided that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 18 for a Reserve Component 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)"

10.  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 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

11.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE or meet other specified criteria.

12.  Initial award of the GWOTEM was limited to service members deployed abroad in support of Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOEs, including Kuwait.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed to Kuwait in support of Operation Enduring Freedom in April 2003 and his LESs show he received hostile fire pay/imminent danger pay and combat zone tax exclusion in 2003.  However, his specific inclusive dates of service in Kuwait cannot be determined from the available evidence.  Unfortunately, there is insufficient evidence with which to amend items 12f or 18 of his DD Form 214 at this time.

2.  As a related issue, he is authorized award of the GWOTEM based on his service in Kuwait.  Therefore, his DD Form 214 for the period ending 7 October 2003 should be corrected to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  ___x_____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the GWOTEM to his DD Form 214 for the period ending 
7 October 2003.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending items 12f and 18 of his DD Form 214 for the period ending 7 October 2003 to show his foreign service in Kuwait.



      ___________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)                                         AR20140009235



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ABCMR Record of Proceedings (cont)                                         AR20140009235



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