IN THE CASE OF:  	  

		BOARD DATE:  24 September 2015	  

		DOCKET NUMBER:  AR20150001602 


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 he is authorized the Global War on Terrorism Expeditionary Medal (GWOTEM) and to show his rank as captain (CPT) versus first lieutenant (1LT).  

2.  The applicant states he wants his DD Form 214 to show award of the GWOTEM for his service on active duty in support of Operation Enduring Freedom (OEF).  He never received a DD Form 214 upon his final discharge from the U.S. Army Reserve (USAR).  He was denied a federal government job because the GWOTEM was not listed on his DD Form 214.  He was discharged from active duty in 2003 and discharged from the USAR in 2007.

3.  The applicant provides:

* DD Form 214
* orders
* Honorable Discharge Certificate
 
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.  After having prior enlisted service, the applicant was appointed as a second lieutenant in the Army National Guard (ARNG).  He was later released from (ARNG) and transferred to the USAR.   

3.  On 15 March 2003, he was ordered to active duty in support of OEF.

4.  On 30 August 2003, he was honorably released from active duty.  His DD Form 214 shows he completed 9 months and 16 days of net active service this period.  His DD Form 214 also shows in:

* item 12f (Foreign Service) – "0000 00 00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Air Assault Badge
* Driver and Mechanic Badge with Driver-W Bar

* item 18 (Remarks) – he served in Kuwait from 27 March 2003 to               8 August 2003 (4 months and 12 days)
   
5.  Orders B-02-601298, dated 6 February 2006, issued by U.S. Army Human Resources Command, St. Louis, MO show he was promoted to CPT with an effective date of 20 January 2006.

6.  Army Regulation 600-8-22 (Military Awards) states the 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 50 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.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  Chapter 2 contains guidance for preparation of the                DD Form 214 and states for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was promoted to the rank of 
CPT after he was released from active duty and after his DD Form 214 was issued.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a record of active duty service at the time of release from active duty, retirement, or discharge.  

2.  Records show he served in Kuwait from 27 March 2003 to 8 August 2003 which is a qualifying period of service for award of the GWOTEM.  

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 the current entry in block 12f of his DD Form 214 and replacing it with the entry "0000  04  12" and

	b.  adding to his DD Form 214 the GWOTEM.

2.  The Board further determined that 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 correction of his                   DD Form 214 to show his rank as CPT.




      __________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)                                         AR20150001602





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ABCMR Record of Proceedings (cont)                                         AR20150001602



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