IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150009155 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150009155 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 amending his DD Form 214 by: a. deleting the current entry from item 12f and replacing it with the entry "0000 06 00;" b. adding the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal(GWOTSM) to item 13; and c. adding in item 18 the entry "SERVICE IN KUWAIT FROM 20020326 TO 20020925." 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 adding any additional foreign service or a second deployment to 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. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150009155 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 his completion of two periods of foreign service and all awards earned. 2. The applicant states his DD Form 214 requires correction to show: a. his foreign service during Operation Desert Spring in Kuwait from 23 March to 23 September 2002 and Operation Iraqi Freedom (OIF beginning in Kuwait on 12 January 2003 and ending in Baghdad in June 2003; and b. all awards to which he is entitled. 3. The applicant provides a copy of his DD Form 214, certificate of achievement, and a deployment order. 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 15 May 1997. Upon completion of initial entry training, he was awarded military occupational specialty (MOS) 63H (Track Vehicle Repairer). 3. His DA Form 2166-8 (Noncommissioned Officer Evaluation Report) documents his principal duty performance as a “track vehicle repairer” while deployed in support of Operation Desert Spring from February 2002 through February 2003. It also identified his unit of assignment as Company B, 203rd Forward Support Battalion (FSB), Fort Benning, Georgia. 4. On 30 November 2003, he was honorably released from active duty. His DD Form 214 shows in: * item 12f (Foreign Service) – no foreign service * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Army Lapel Button * Army Service Ribbon * item 18 (Remarks) does not include any foreign service or deployment entries 5. During the processing of this case, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 26 March 2002 through 25 September 2002 (6 months). His DFAS record does not list any additional foreign service. 6. The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents showing he was ever recommended for or awarded any awards during his active duty tenure. 7. He provides the following documents: a. A Certificate of Achievement awarded him for outstanding achievement while deployed to Operation Desert Spring in Kuwait with the 203rd FSB from 23 March to 23 September 2002. b. Permanent Orders 350-7 Headquarters, 3rd Infantry Division and Fort Stewart, Georgia, directed movement of the applicant’s unit to Kuwait in support of Operation Enduring Freedom beginning 12 January 2003 until completion of the mission. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; b. item 13, enter all awards and decorations for all periods of service c. item 18, enter the statement "SERVICE IN (name of country deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. a. Paragraph 2-18 contains guidance for award of the GWOTEM. This award is authorized 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. Service must have been for at least 30 consecutive or 60 nonconsecutive days and in support of OEF or Operation Iraqi Freedom. b. Paragraph 2-19 contains guidance for award of the GWOTSM. This award is authorized to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the designated areas of eligibility for award of the GWOTEM on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show his foreign service acquired during two deployments and all earned awards. There is sufficient evidence to support granting a portion of the requested relief in this case. 2. By regulation, Item 12f of the DD Form 214 will contain the total amount of foreign service completed during the period covered by the DD Form 214 and Item 18 will contain an entry that documents deployed service for active duty Soldiers. The evidence of record confirms the applicant’s deployment to Kuwait as evidenced by his DFAS record which confirms his 6 months service in this oversea area (boots on the ground) from 26 March to 25 September 2002. Therefore, item 12f of his DD Form 214 should be corrected accordingly and item 18 should be corrected to include the entry "SERVICE IN KUWAIT FROM 20020326 - 20020925." 3. The evidence of record confirms the applicant satisfied the regulatory criteria necessary to be eligible for the GWOTEM for his service in Kuwait. Further, based on his qualifying active duty service outside of an authorized AOE for over 30 consecutive days, he is also eligible for the GWOTSM. As a result, it would be appropriate to add these awards to his record and item 13 of his DD Form 214. 4. Finally, while the applicant provides an official order directing his unit’s deployment to Kuwait from 12 January 2003 to a future date, there is no evidence of record to show he actually moved with his unit on this deployment. As a result there is no basis upon which to add this service to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009155 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009155 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2