BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160016715 BOARD VOTE: ____x_____ __x_____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160016715 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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. adding award of the Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal to his DD Form 214, b. deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0000  06  00," and c. adding the entry "SERVICE IN KUWAIT FROM 20011101-20020430" 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. BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160016715 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 overseas service in support of Operation Iraqi Freedom and any awards and decorations to which he may be entitled for this service. 2. The applicant states he served overseas from November 2001 to April 2002. He reenlisted overseas at Camp Doha. 3. The applicant provides: * DD Form 2366 (Montgomery GI Bill Act of 1984) * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * DA Form 3286-E (Statements for Enlistment) * DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army) 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 3 November 1999 for a period of 3 years. On 26 December 2001, he was honorably discharged for immediate reenlistment. 3. He provided a DD Form 4, dated 27 December 2001, showing he reenlisted on 27 December 2001 for a period of 2 years at Camp Doha in Kuwait. 4. The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 November 2001 through 30 April 2002 (total of 6 months). 5. On 11 February 2004, he was honorably discharged for parenthood. 6. His DD Form 214 shows he was awarded or authorized the: * Army Lapel Button * Army Achievement Medal (2nd Award) * National Defense Service Medal * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar 7. This DD Form 214 shows in: * item 12f (Foreign Service) – "0000  00  00" * item 18 (Remarks) – no deployments REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. (1) The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. (2) Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE, or meet other, specified criteria. (3) Initial award of the GWOTEM was limited to service members who deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait. b. The Global War on Terrorism Service Medal (GWOTSM) 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 AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers 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 award of the GWOTSM. 2. 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 preparation of the DD Form 214. The instructions stated: a. For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. b. For 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 (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. Defense Finance and Accounting Service records combined with his DA Form 4, dated 27 December 2001, confirmed his deployment to Kuwait from 1 November 2001 through 30 April 2002, a period of 6 months. Item 12f of his DD Form 214 does not show this foreign service and item 18 does not show this deployment. 2. Based on his service in Kuwait, he is authorized award of the GWOTEM. His DD Form 214 does not show this medal. 3. He served a qualifying period for award of the GWOTSM. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016715 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016715 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2