IN THE CASE OF: BOARD DATE: 8 February 2018 DOCKET NUMBER: AR20160003252 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 amending his DD Form 214 ending on 20 September 2003 as follows: * deleting from item 12f the entry "0000-00-00" and adding the entry "0000-01-01" * adding to item 13 of the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Expeditionary Medal * adding to item 18 the entry "Service in Kuwait 20030416-20030516" 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 listing his deployments dates as 2 February 2003 to 20 September 2003. 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: 8 February 2018 DOCKET NUMBER: AR20160003252 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :SWF :MWM :RCH GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 8 February 2018 DOCKET NUMBER: AR20160003252 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 from 3 February 2003 to 20 September 2003. 2. The applicant states his deployment to Kuwait is not shown on his DD Form 214. He has been declined help by a veteran service officer and he has post-traumatic stress disorder (PTSD), which greatly affects him. 3. The applicant provides: * DD Form 214, ending on 20 September 2003 * International Certificate of Vaccination * Printout with names and unit of assignment * DA Form 3161 (Request for Issue or Turn-In) * DA Form 2173 (Statement of Medical Examination and Duty Status) * Standard Form 600 (Chronological Record of Medical Care) * Orders 034-226, dated 3 February 2003 * Orders 041-464, dated 10 February 2003 * Orders 141-007, dated 21 May 2003 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, and 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 17 May 1995 and he held military occupational specialty (MOS) 19K (M-1 Armor Crewman). He was honorably discharged on 11 March 1996. 3. He enlisted in the Massachusetts Army National Guard (MAARNG) on 27 July 2000. He was awarded and held MOS 62J (General Construction Equipment Operator). He was assigned to Company B, 181st Engineer Battalion. 4. On 21 January 2003, MAARNG published Orders 31-30 reassigning the applicant to the 379th Engineer Company, Buzzard Bay, MA, effective 3 February 2003. 5. Also on 21 January 2003, Headquarters, First Army, Fort Gillem, GA, published Permanent Orders (PO) 021-13, ordering various units, including the 379th Engineer Company, to active duty in support of Operation Noble Eagle or Operation Enduring Freedom. 6. On 3 February 2003, MAARNG published Orders 034-226 ordering him to active duty as a member of his unit, 379th Engineer Company, in support of contingency Operation Enduring Freedom for 365 days. He was ordered to report to Fort Drum, NY, on 3 February 2003. 7. He entered active duty on 3 February 2003. He provides two medical documents as follows: a. Standard Form 600, dated 11 May 2003. It shows he had pain after what he believed an injury that resulted from catching a heavy duffle bag and/or carrying a case of water. The “patient’s Identification” block of this form shows the entry “161st ASMB (Area Support Medical Battalion), Camp Udairi. (Camp Buehring (formerly Camp Udairi) is a staging post for US troops in the northwestern region of Kuwait. From its founding in January 2003 to present date, the base was used for military troops heading north into Iraq, as well as the primary location for the Middle Eastern Theater Reserve.) b. DA Form 2173, dated 21 May 2003. It shows the applicant had a right inguinal hernia from lifting duffle bags on or about 5 May 2003 while deployed to Kuwait. 8. On 17 September 2003, Headquarters, 10th Mountain Division, Fort Drum, NY, published orders releasing him from active duty on 20 September 2003. 9. He was honorably released from active duty on 20 September 2003 by reason of dependency, in accordance with Army Regulation (AR) 635-200 (Active Duty Enlisted Administration Separations), paragraph 6-3a. His DD Form 214 shows he completed 7 months and 18 days of active service during this period. It also shows in: * item 12f (Foreign Service) – 0000-00-00 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal (2nd Award), Armed Forces Reserve Medal with “M” Device, Army Service Ribbon, Expert Marksman Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar * item 18 (Remarks) – no service in a hostile fire pay/imminent danger pay (HFP/IDP) or combat zone tax exclusion (CZTE) 10. He was also honorably discharged from the MAARNG on 20 September 2003 and issued a National Guard Bureau Form 22 (Report of Separation and Record of Service). 11. The Defense Finance and Accounting Service could not confirm the applicant received HFP/IDP and CZTE as they had no pay records for the applicant in 2003. 12. The Army Review Boards Agency (ARBA) Case Management Division forwarded the applicant’s case to the ARBA clinical psychologist for review because the applicant indicated that he has PTSD. As a result, the ARBA clinical psychologist reviewed his case and rendered an advisory opinion on 8 November 2017. The psychologist referenced the Diagnostic and Statistical Manual of Mental Disorders-5th Edition, AR 40-501 (Standards of Medical Fitness), with changes, dated 4 August 2011, and AR 635-200, dated 6 September 2011. The psychologist reiterated the applicant request and stated: a. The applicant served on active duty as a member of the MAARNG from 3 February 2003 to 20 September 2003 as a 62J10 (General Construction Equipment Operator). He received an honorable discharge in accordance with AR 635-200, paragraph 6-3A, Dependency. Based on military records, the applicant deployed to Kuwait in support of Operation Iraqi Freedom from 3 February to 20 September 2003; however, this is not reflected on his DD214. The applicant requested that the Board include his deployment time to Kuwait on his DD 214. He also contended that he developed PTSD from this deployment. b. A Statement of Medical Examination and Duty Status, dated 21 May 2003 indicated he had a right inguinal hernia from lifting duffel bags on or about 5 May 2003 while deployed to Kuwait. The injury was determined to have incurred in line of duty and he received outpatient treatment in Kuwait. The hernia was considered a temporary injury and not likely to result in a claim against the government for future medical care. Military orders, dated 21 May 2003, indicated he was returned to his permanent station for further medical care. The notification of release from active duty, dated 17 September 2003, indicated he was released, not by reason of physical disability. c. The Department of Veterans Affairs (VA) medical records indicated the applicant was diagnosed with Anxiety in 2009 and with PTSD in 2015. He reported being on several convoys when deployed to Kuwait in which he was exposed to seeing a baby injured, a grave with women and children, and witnessing a woman shot. VA medical records also indicated he reported being medically evacuated from theater for a non-combat injury and subsequently experienced anxiety, panic attack, anger, distrust, hypervigilance, and nightmares upon returning home. d. The ARBA clinical psychologist was asked to determine if the applicant has a diagnosis of PTSD or another boardable behavioral health condition. This opinion is based on the information provided by the Board as the DOD electronic medical record (AHLTA) was not in use at the time of his service. Based on a thorough review of available military and medical records, there is evidence the applicant served in Kuwait and that he received a post-service diagnosis of PTSD stemming from deployment experience. The diagnosis of PTSD is supported by medical documentation from the VA. The diagnosis is substantiated and the evidence supports amending his DD Form 214 to reflect his deployment time from 2 February 2003 to 20 September 2003. e. Lastly, his DD Form 214 includes his reason for separation as dependency. According to AR 632-200, paragraph 6-3a, dependency exists when death or disability of a member of the Soldier’s (or spouse) immediate family causes that member to rely upon the Soldier for principal care or support. This reason for separation; however, was not supported or indicated by any other military documentation. 13. A revised advisory opinion was provided by the clinical psychologist on 1 February 2018, in relation to the dates of deployment. It states the previous medical advisory, dated 8 November 2017, indicated the applicant deployed to Kuwait in support of Operation Iraqi Freedom from 3 February to 20 September 2003. However, upon further review, it was found that these dates were in error. Based on a Post-Deployment Health Assessment, dated 16 May 2003, he deployed to Kuwait from 16 April 2003 to 16 May 2003. 14. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal. He did not respond. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) in effect at the time established standardized policy for preparing and distributing the DD Form 214. The instructions stated for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 13, enter all awards, decorations, and badges * item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (YYYYMMDD-YYYYMMDD)" 2. Army Regulation 600-8-22 states: a. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers serving on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized this award. b. The Global War on Terrorism Expeditionary Medal is authorized for award to members who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States. 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 one of the following criteria including: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) DISCUSSION: 1. The available evidence shows the applicant deployed to Kuwait as evidenced by the two medical documents that show he received treatment for a hernia in Kuwait in May 2003. However, his exact dates of deployment and duration of such deployment remain unclear. Based on a medical review of a Post-Deployment Health Assessment, dated 16 May 2003, it appears he deployed to Kuwait from 16 April 2003 to 16 May 2003, a period of 31 days (1 month and 1 day). a. His DD Form 214 does not reflect his Foreign Service or dates of deployment. b. Based on his service in Kuwait, he is authorized award of the Global War on Terrorism Service Medal and Global War on Terrorism Expeditionary Medal. 2. There is no evidence he deployed to Kuwait on 3 February 2003 and redeployed on 20 September 2003. These are the dates of entry on active duty and release from active duty; not the dates of deployment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160003252 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003252 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2