IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014353 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: 22 December 2016 DOCKET NUMBER: AR20150014353 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 adding to his DD Form 214 the GWOTEM and GWOTSM. 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 awarding him the Kosovo Campaign Medal or adding additional foreign service deployment locations to item 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. IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014353 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 his foreign service deployments and the Kosovo Campaign Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states: a. His DD Form 214 does not reflect the Kosovo Campaign Medal or his numerous deployments to numerous countries to include Oman, Jordan, Djibouti, Iraq, Qatar, and the United Arab Emirate. He was attached to the 469th Transportation Detachment. His DD Form 214 only shows his deployment to Kuwait where his unit was based; however, they deployed daily for weeks at a time all over the Gulf. b. He needs his record corrected because he is missing out on certain benefits. His deployments are missing from the Airborne Hazards and Burn Pits Registry. He was constantly exposed to low sulfur diesel fumes, burn pits, and oil fields during his deployments. c. Being attached to units and not assigned to Army vessels is a loophole the Army uses to avoid paying Soldiers sea pay. He does not want sea pay. He needs proof of his deployments to the aforementioned locations. He is sure his shipmates' DD Forms 214 read differently from his. d. He is disabled but employable; however, he is not as competitive as some of his peers because his DD Form 214 does not reflect the medals he earned while he was deployed. He was attached to a vessel and had orders to be there; however, his DD Form 214 does not reflect this or his service during Operation Iraqi Freedom. 3. The applicant does not provide additional evidence in support of his application. 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 5 August 1997. He was awarded military occupational specialty 91W (health care specialist). 3. He was released from active duty on 5 April 2004. The DD Form 214 he was issued at that time shows in: a. item 12f (Foreign Service), he served 4 years, 2 months, and 25 days; b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M16) b. item 18 (Remarks), "SERVICE IN KUWAIT FROM 29 JUL 03 TO 23 NOV 03." 4. There are no orders filed in his official military personnel record (OMPF) or any other evidence confirming he was deployed to Kosovo or any place other than Kuwait. 5. The Defense Finance and Accounting Service (DFAS) confirmed he received hazardous fire, imminent danger pay, and the combat zone tax exclusion for service in Kuwait for the period 28 July through 23 November 2003. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Operation Allied Force (24 March 1999 through 10 June 1999); Operation Joint Guardian (11 June 1999 through a date to be determined); Operation Allied Harbour (4 April 1999 through 1 September 1999); Operations Sustain Hope/Shining Hope (4 April 1999 through 10 July 1999); Operation Noble Anvil (24 March 1999 through 20 July 1999); or Kosovo Task Forces Hawk (5 April 1999 through 24 June 1999), Saber (31 March 1999 through 8 July 1999), or Hunter within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility (AOE). The area of eligibility for the Kosovo Defense Campaign includes the total land area and airspace of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and the waters and airspace of the Adriatic Seas within 12 nautical miles of the Montenegro, Albania, and Croatia coastlines south of 42 degrees and 52 minutes north latitude. Servicemembers must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involves entering the operations area of eligibility or meets one or more of the following criteria: * be engaged in actual combat, or duty that is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area of eligibility * while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the area of eligibility * while participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations 2. 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. 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 Kuwait. 3. 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 AOE 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. Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 4. 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 the preparation of the DD Form 214. Chapter 2 states, in pertinent part: a. the total amount of foreign service completed during the period of active service covered by the DD Form 214 will be entered as "YYYY MM DD" in item 12f of the form; and b. for item 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 (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered. DISCUSSION: 1. Evidence shows he served in Kuwait from 28 July through 23 November 2003 and this period of service is correctly shown on his DD Form 214. 2. His OMPF does not contain any orders or other official documents showing he was deployed to Kosovo or any location other than Kuwait. He did not provide evidence to support his contention that he served a foreign service tour in Kosovo or other designated locations in the area of eligibility for award of the Kosovo Campaign Medal. 3. Based on his service in Kuwait, he is entitled to the GWOTEM. Based on his other service outside of Kuwait, he is entitled to the GWOTSM. As these ribbons are not recorded on his DD Form 214, it would be appropriate at this time to correct it to show his service in support of the Global War on Terrorism. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014353 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014353 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2