IN THE CASE OF:	  

		BOARD DATE:	  14 January 2016

		DOCKET NUMBER:  AR20150005943 


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 deployment to Kuwait and the campaign medal associated with his deployment.

2.  The applicant states he served with A Company, 2nd Battalion, 5th Cavalry Regiment, Fort Hood, TX in 2001.  His unit was deployed to Kuwait as part of Task Force Lancer.  This deployment was for duties related to Operation Southern Watch/Operation Intrinsic Action.  The campaign medal he received for this deployment is not listed on his DD Form 214.  He is not sure which medal it is, but he knows it was not the Global War on Terrorism Service Medal (GWOTSM) because he received that medal in 2001.  He believes it was the Armed Forces Expeditionary Medal (AFEM).  He noticed it was missing when he tried to join the Veterans of Foreign Wars. 

3.  The applicant does not provide any additional evidence. 

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 13 August 1999.  He held military occupational specialty 11B (Infantryman).

3.  On 12 July 2004, he was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve).  His DD Form 214 shows in:

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

* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* GWOTSM
* Expert Infantryman Badge

* Item 18 (Remarks) no entry indicating deployed service

 4.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger (HF/IDP) and combat zone tax exemption (CZTE) from 16 December 2000 to 18 April 2001 for service in Kuwait.

5.  Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Table 2-4 lists designated U.S. military operations of assistance to a friendly foreign nation and the dates of eligibility for award of the Armed Forces Expeditionary Medal.  Operation Southern Watch is among the designated military operations and the dates of eligibility are from 1 December 1995 to 18 March 2003.

6.  Army Regulation 635-5 (Separation Documents) 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 13, enter all awards, decorations, and badges
* 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.  The applicant's pay records show he received HF/IDP for service in Kuwait from 16 December 2000 to 18 April 2001, a period of 2 months and 4 days.  This foreign service is not listed on his DD Form 214.

2.  This period of service qualifies him for award of the AFEM.  This award is not listed on his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

     a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  02  04";

     b.  adding to item 13 of his DD Form 214 the AFEM; and


     c.  adding to item 18 of his DD Form 214 the entry "Service in Kuwait from      16 December 2000 to 18 April 2001”



      ______ _   __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)                                         AR20150005943



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ABCMR Record of Proceedings (cont)                                         AR20150005943



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