BOARD DATE:  3 September 2015

		DOCKET NUMBER:  AR20150001457


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:

* decorations for Operation Enduring Freedom (OEF) and Iraqi Freedom (OIF)
* his secondary military occupational specialty (SMOS) as a weapons specialist
* Army Achievement Medal
* campaign medals

2.  The applicant makes no additional statement.

3.  The applicant provides a copy of his 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.  On 12 February 1999, the applicant enlisted in the U.S. Army Reserve for a period of 8 years.

3.  On 1 July 1999, the applicant enlisted in the Regular Army for a 4-year period.  He competed the training course for MOS 92A as an automated logistical specialist in 2000 at Fort Lee, Virginia.

4.  The applicant’s records contain a DA Form 4980-18 (Certificate for Award of the Army Achievement Medal) for the period 9 to 18 July 2001.  It indicates that Permanent Order 345-02, dated 11 December 2001, was published to announce this award to the applicant.  He was cited in the certificate for his exceptionally meritorious achievement as the Troop Prescribed Load List clerk.

5.  Records show the applicant was assigned for duty with the 55th Military Police Company in the Republic of Korea (ROK) from 16 October 2001 to 
6 March 2002 (4 months and 21 days).

6.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 8 January through 13 July 2003 (6 months and 6 days) for service in Kuwait.

7.  On 30 November 2003, the applicant was released from active duty.  His DD Form 214 shows in:

	a.  Item 12f (Foreign Service): 0 years, 4 months, and 21 days;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button

	c.  Item 18 (Remarks) no entries for any deployments.



8.  Army Regulation 600-8-22 (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 designated for award of the Global War on Terrorism Expeditionary Medal, 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 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.

	c.  The Korea Defense Service Medal (KDSM) 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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days qualify for this medal.

9.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the 
DD Form 214.  It provided that Item 18 would contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

* decorations for OEF and OIF
* his SMOS as a weapons specialist
* Army Achievement Medal
* campaign medals

2.  The available evidence of record shows the applicant completed formal training in MOS 92A.  However, there is no evidence showing he completed any formal training as a weapons specialist or performed any on-the-job training that would have supported award of a SMOS.  Therefore, that portion of his request concerning award of a SMOS should be denied.

3.  Records show the applicant was awarded an Army Achievement Medal for meritorious achievement.  Therefore, this medal should be shown on his DD Form 214.

4.  DFAS records indicate that the applicant served in the ROK for a period of 
4 months and 21 days in 2001 and that he was deployed to Kuwait in 2003 for a period of 6 months and 6 days for total foreign service of 10 months and 27 days.  Therefore, his DD Form 214 should show in:

	a.  Item 12f: 10 months and 27 days; and

	b.  Item 18: "SERVICE IN KUWAIT FROM 20030108-20030713."

5.  The available evidence shows that the applicant served during a qualifying period for award of the GWOTSM and GWOTEM.  Therefore, these two medals should be shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ___X_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry: 0000 10 27;


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

* Army Achievement Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Korea Defense Service Medal

   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 20030108 – 20030713."

2.  The Board further determined that the evidence presented was 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 showing the applicant was awarded a secondary military occupational specialty.




__________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)                                         AR20140000790



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ABCMR Record of Proceedings (cont)                                         AR20150001457



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