IN THE CASE OF: BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016572 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: 30 March 2017 DOCKET NUMBER: AR20150016572 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 correcting his DD Form 214, as follows: * deleting the current entry from item 12, block f, and adding: "0000 11 15" * adding to item 13 the "Global War on Terrorism Expeditionary Medal" * adding to item 18 the entry, "SERVICE IN KUWAIT FROM 20050429–20060413" 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 his rank, grade, and effective date of pay grade, and any additional foreign service and/or deployment entries. _____________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: 30 March 2017 DOCKET NUMBER: AR20150016572 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 foreign service and correct rank. 2. The applicant states, in effect, he served in the Regular Army (RA) on active duty and attained the rank of specialist (SPC)/pay grade E-4. He deployed in support of Operation Enduring Freedom (OEF) from 18 March 2003 to 21 April 2004. He also deployed in support of Operation Iraqi Freedom (OIF) from either 17 or 21 April 2005 to either 21 or 26 April 2006. He transferred to the U.S. Army Reserve (USAR) and he was promoted (again) to SPC (E-4). 3. The applicant provides copies of his DD Form 214, DD Form 215 (Correction to DD Form 214), and USAR discharge orders. 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 USAR on 21 December 2000 for a period of 8 years. He further enlisted in the RA on 28 August 2001, in the rank of private (E-2), for a period of 4 years. Upon completion of training he was awarded military occupational specialty 92A (Automated Logistical Specialist). 3. His Enlisted Record Brief, dated 4 August 2006, in pertinent part, shows: * Section I (Assignment Information), is blank (no entries) * Section III (Service Data) – * private (E-2): 19 October 2005 * private first class (E-3): 1 June 2004 * SPC (E-4): 1 October 2004 * Section VIII (Awards and Decorations) – * National Defense Service Medal * Global War on Terrorism Service Medal 4. Headquarters, XVIII Airborne Corps, Fort Bragg, NC, Orders 216-0252, dated 4 August 2006, as amended by Orders 219-0255, dated 7 August 2006, reassigned the applicant to the U.S. Army Transition Center, Fort Bragg, NC, on 31 August 2006, for transition processing. The Standard Name Line (SNL) of the original orders and the order amending the SNL show his rank as "PV2" (E-2). 5. The applicant's DD Form 214, as corrected by a DD Form 215, shows he entered active duty this period on 28 August 2001, was honorably released from active duty (REFRAD) on 31 August 2006, and transferred to the USAR Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 5 years and 3 days of total active duty service this period. It also shows, in pertinent part, in: * item 4a (Grade, Rate or Rank): "PV2" [Private] * item 4b (Pay Grade): "E02" * item 12 (Record of Service) – * block f (Foreign Service): 0000 (Years), 00 (Months), 00 (Days) * block h (Effective Date of Pay Grade): "2005 10 19" (i.e., 19 October 2005) * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * item 18 (Remarks), no entry showing he deployed to a foreign country during this period of active service 6. Headquarters, 81st Regional Support Command, Fort Jackson, SC, Orders 09-146-00002, dated 26 May 2009, honorably discharged the applicant from the USAR effective 30 April 2009. The SNL shows his rank as "SPC" (E-4). 7. A review of the applicant's military personnel records failed to reveal evidence that he deployed overseas to Southwest Asia in support of OEF or OIF, or that he was authorized any service/campaign medals related to foreign service. 8. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 29 April 2005 through 13 April 2006 for Kuwait. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 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 OEF and OIF in designated geographic areas of eligibility, including Kuwait. 2. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. The item-by-item instructions for completing the DD Form 214 show for: * item 4: enter the active duty grade or rank and pay grade at time of separation * item 12: use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein * block f, enter the total amount of foreign service completed during the period covered in item 12, block c * block h, from the most recent promotion or reduction order/instrument, enter the effective date of promotion to the current pay grade * item 13, list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22 * item 18, for an active duty Soldier deployed with his/her unit to a foreign country 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 contends that his DD Form 214 should be corrected to show his foreign service in support of OEF and OIF and his rank/grade as SPC/E-4. 2. The evidence of record shows the applicant served in Kuwait from 29 April 2005 through 13 April 2006. a. A calculation of this period overseas service shows the following: 2006  04  13 date of redeployment - 2005  04  29 date of deployment =  00  11  14 +  1 inclusive day =  00  11  15 overseas service during this period b. This service Kuwait qualified him for award of the GWOTEM. 3. The evidence of record fails to show any additional foreign service during the period of service under review. 4. Records show the applicant was promoted to SPC (E-4) on 1 October 2004. Records also show he was reduced to PV2 (E-2) on 19 October 2005. a. There is no evidence of record that shows he was advanced or promoted in rank/grade subsequent to 19 October 2005 through the date he was REFRAD on 31 August 2006. b. His DD Form 214 shows the rank/grade (PV2/E-2) and the effective date of pay grade (19 October 2005) that he held at the time he was REFRAD. c. The evidence of record fails to support the applicant's request to correct the rank, grade, and effective date of pay grade shown on his DD Form 214. d. The Board notes the applicant was promoted subsequent to the date he was REFRAD. However, that is not a basis for correcting 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) AR20150016572 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016572 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2