IN THE CASE OF:  	  

		BOARD DATE:  13 October 2015	  

		DOCKET NUMBER:  AR20150002409 


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 the Army) to show his foreign service in Riyadh, Saudi Arabia, Guantanamo Bay, Cuba, and An Nasiriyah, Iraq.  

2.  The applicant states he deployed as a member of the 988th Military Police Company, Fort Benning, GA.  Item 12f (Foreign Service) of his DD Form 214 shows a total of 3 months and 11 days of foreign service.  He claims he served   6 months in Saudi Arabia, 5 months in Cuba, and 3 months and 11 days in Iraq.  He would like to receive the decorations and awards associated with his service and to be eligible for benefits and medical coverage from the Department of Veterans Affairs (VA).

3.  The applicant provides:

* Permanent  Orders 106-98
* 3 memoranda
* a document entitled "Iraq Armed Forces Expeditionary Medal"
* Permanent Orders 023-31
* a 2-page list of names
* Permanent Orders C0205
* a 3-page list of names
* 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.  The applicant enlisted in the Regular Army on 14 November 1997.  He completed training and he was awarded military occupational specialty 95B (Military Police).

3.  His records contain:

   a.  DA Form 2166-8 (Noncommissioned Officer Evaluation Report), for the period October 2001 through February 2002, which indicates he was deployed to Guantanamo Bay Naval Station, Cuba.  However, the inclusive dates of his deployment are not noted.

   b.  DA Form 2166-8, for the period March through July 2003, which indicates he was deployed to An Nasiriyah, Iraq.  However, the inclusive dates of his deployment are not noted.

4.  On 31 October 2003, he was honorably released from active duty upon completion of his required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows in item 12f the entry "00 03 11."  However, item 18 (Remarks) fails to show an entry which reflects where his foreign service was performed.  This form further shows he was awarded the:

* Joint Service Achievement Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Lapel Button
* Noncommissioned Officer’s Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

5.  On 10 September 2015, by email, a Defense Finance and Accounting Service (DFAS) official verified the applicant received hostile fire/imminent danger pay for service in Saudi Arabia from 4 November 1999 to 25 April 2000 (a period of 5 months and 22 days).

6.  The applicant provides:
   
   a.  Permanent Orders 106-98, issued by the U.S. Army Infantry School, Fort Benning, GA, dated 13 October 1999, which show select Soldiers from the 988th Military Police Company, to include the applicant, were authorized deployment to Saudi Arabia in support of Operation Desert Spring, effective on or about            5 November 1999, for a period of 179 days.

   b.  A memorandum, issued by the Commander, 988th Military Police Company, dated 25 January 2000, which states the applicant will be deployed from 5 November 1999 to 2 May 2000.

   c.  A memorandum, issued by the Chief, Joint Military Personnel Services Support, U.S. Military Training Mission to Saudi Arabia, dated 23 August 2000, which states the applicant was assigned or attached to the U.S. Military Training Mission, Riyadh, Saudi Arabia, in support of Operation Southern Watch, for the period 3 November 1999 to 28 April 2000.

   d.  An undated document titled "Iraq Armed Forces Expeditionary Medal" which shows the applicant was recommended for award of the Armed Forces Expeditionary Medal for his work in support of Operation Southern Watch for the period 5 November 1999 to 25 April 2000.
   
   e.  Permanent Orders 023-31, issued by the U.S. Army Infantry School, Fort Benning, GA, dated 23 January 2002, which show select Soldiers from the 988th Military Police Company were authorized deployment to Guantanamo Bay, Cuba in support of Operation Enduring Freedom, effective on or about 25 January 2002, for a period of 179 days.  An undated 2-page list of names containing the applicant's name was attached.
   
   f.  Permanent Orders C0205, issued by the U.S. Army Infantry School, Fort Benning, GA, dated 3 March 2003, which show select Soldiers from the 988th Military Police Company were authorized deployment to Camp Doha, Kuwait,  in support of Operation Enduring Freedom, effective on or about 1 March 2003, for a period of 365 days.  An undated 3-page list of names containing the applicant's name was attached.
   
   g.  A memorandum, issued by the Commander, 716th Military Police Battalion, SA Edson, Iraq, dated 6 July 2013, which show the applicant was authorized release from Iraq due to the expiration of his term of service.
   
7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who 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 or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	b.  The Global War on Terrorism Expeditionary Medal 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 area of eligibility 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.  	

	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 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include the Liberation of Iraq (19 March 2003-1 May 2003) and Transition of Iraq (2 May 2003-28 June 2004) campaigns.
 
8.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant received hostile fire/imminent danger pay for service in Saudi Arabia from 4 November 1999 to 25 April 2000 (a period of 5 months and 22 days).  Therefore, it would be appropriate to correct his DD Form 214 to add this foreign service in item 12f and list this foreign service in Saudi Arabia in item 18.

2.  With respect to listing his foreign service in Guantanamo Bay, Cuba, although it is evident he was authorized travel to and performed duty in Cuba in 2002, the evidence of record does not show and he did not provide any conclusive evidence which shows the actual dates he served there.  In view of the foregoing, there appears to be an insufficient evidentiary basis on which to grant listing his foreign service in Cuba; however, based on his service in Cuba he is entitled to award of the Global War on Terrorism Expeditionary Medal. 

3.  With respect to listing his foreign service in Iraq, the evidence of record does not show and he did not provide any conclusive evidence which shows the actual dates he served there.  The applicant states he served 3 months and 11 days in Iraq and this foreign service is listed in item 12f of his DD Form 214.  Permanent orders C0205 had him reporting to Fort Benning, GA, enroute to Kuwait effective 1 March 2003.  A subsequent memorandum released him from Iraq by air on the earliest flight available after 6 July 2003, and a DA Form 2166-8 confirms he served in Iraq.  

4.  The actual dates of his service in Iraq cannot be confirmed based on the available evidence; however, based on the dates encompassing his intended arrival and departure, it is reasonable to surmise the applicant served during a period which would entitle him to award of the Iraq Campaign Medal with two bronze service stars.  

5.  The evidence of record shows the applicant served on active duty from        14 November 1997 to 31 October 2003.  Therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal.





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 entry in item 12f of his DD Form 214;
   
   b.  adding to item 12f of his DD Form 214 the entry "0000 09 03;"
   
   c.  adding to his DD Form 214 award of the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal with two bronze service stars; and

   d.  adding to item 18 of his DD Form 214 the statements "SERVICE IN SAUDI ARABIA FROM 19991104 – 20000425."  
 
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 listing his foreign service in Guantanamo Bay, Cuba and Iraq in items 12f and 18 of his DD Form 214.  



      _______ _   _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)                                         AR20150002409





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