IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20150005392
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployment in support of Operation Enduring Freedom/Operation Iraqi Freedom during the period
16 February 2003 to 21 July 2003.
2. The applicant states that he did not notice the absence of his deployment on his DD Form 214 until he returned to active duty.
3. The applicant provides copies of his DD Form 214, Deployment History, deployment orders, his award of the Army Commendation Medal, and his out-processing checklist.
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 was serving in Alaska in the rank of captain when he deployed to Kuwait in support of Operations Enduring and Iraqi Freedom during the period 16 February 2003 to 21 July 2003.
3. On 10 September 2003, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 4 years, 3 months and 25 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Commendation Medal (2nd Award), Army Achievement Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Air Assault Badge and his marksmanship badge. It contains no information regarding his deployment.
4. Army Regulation 600-8-22 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 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.
5. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility, including Kuwait.
6. Army Regulation 600-8-22 states 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 GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal. 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 nonconsecutive days are authorized the GWOTSM.
7. 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. It states that for item 18 for an active duty Soldier deployed to a foreign country 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)."
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant deployed to Kuwait during the period
16 February 2003 to 21 July 2003 and is entitled to have this deployment reflected on his DD Form 214.
2. Additionally, he served during qualifying periods for award of the GWOTEM and the GWOTSM and is entitled to have those awards added to his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* adding the GWOTEM and GWOTSM to his DD Form 214
* adding the entry "Service in Kuwait 20030216 20030721" to item 18 of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are
deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20150005392
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ABCMR Record of Proceedings (cont) AR20150005392
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