BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160001396 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 BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160001396 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 for the period ending 6 June 2003 to show the following entries: * item 12 – 0000  01  21 * item 13 – * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * item 18 – "SERVICE IN EGYPT FROM 20010923-20011113" 2. The Board further determined 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 showing service in Egypt through January 2002. _____________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. BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160001396 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) for the period ending 6 June 2003 to show his foreign service in Egypt. 2. The applicant states he was deployed to Cairo, Egypt, from September 2001 through January 2002. 3. The applicant provides copies of his DD Form 214 and a Certificate of Achievement. 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. Having had prior service with the Arkansas Army National Guard, the applicant enlisted in the Regular Army on 17 March 2001. 3. Defense Finance and Accounting Service (DFAS) records confirm the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Egypt from 23 September 2001 through 13 November 2001 (1 month and 21 days). 4. The applicant provides a Certificate of Achievement that shows he supported the Coalition/Joint Forces Land Component mission during Exercise Bright Star 01/02. The certificate does not cite the exercise's location or his period of service. 5. The applicant was discharged on 6 June 2003. Items 12f (Foreign Service) and 8 (Remarks) of his DD Form 214 do not reflect his foreign service. 6. The applicant's record is void of evidence that shows he was deployed to Egypt through January 2002, the month he contends his deployment ended. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. 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 (AOE), including Egypt. b. 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 (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, 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. The GWOTSM may be awarded posthumously. Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes 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 the preparation of the DD Form 214. It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by item 12c (Net Active Service this Period); b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service; c. item 18, for active duty Soldiers deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (Name of Country Deployed) FROM (Inclusive Dates for Example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show his foreign service in Egypt was carefully considered. He contends his DD Form 214 does not properly show his deployment. 2. DFAS records confirm the applicant received HF/IDP for service in Egypt from 23 September 2001 through 13 November 2001. He is authorized 1 month and 21 days of foreign service tour credit. However, his DD Form 214 does not show any foreign service credit. 3. Based on applicant's period of foreign service in Egypt he is authorized award of the GWOTEM. This award is not reflected on his DD Form 214. 4. Based on his active duty service after 11 September 2001, he is authorized the GWOTSM. This award is not shown on 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) AR20150010975 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001396 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2