ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 June 2020 DOCKET NUMBER: AR20190006456 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. block 12f (Foreign Service) – his foreign service in Kuwait from May to August 2000 and from October 2001 to May 2002 and b. block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – award of the following: * Army Commendation Medal * Overseas Service Ribbon with Numeral 2 * Kuwait Campaign Medal * and any other authorized awards APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 19 March 2019, with cover letter from Department of Veterans Affairs Service Officer, dated 20 March 2019 * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was deployed to Kuwait around May to August 2000 and again from October 2001 to May 2002 and this is not shown on his DD Form 214. b. He was awarded or is entitled to the Army Commendation Medal, Overseas Service Ribbon with Numeral 2, Kuwait Campaign Medal, the Armed Forces Expeditionary Medal or Global War on Terrorism Service Medal, and any other authorized awards. 3. A review of the applicant's record shows the Army Commendation Medal (ARCOM) is properly entered in item 13 of his DD Form 214. 4. The Board will consider his request for award of the following: * Overseas Service Ribbon with Numeral 2 * Kuwait Campaign Medal * Armed Forces Expeditionary Medal * Global War on Terrorism Expeditionary Medal * any other authorized awards 5. The applicant enlisted in the Regular Army on 21 August 1998. 6. His DA Form 2-1 (Personnel Qualification Record – Part II) does not show any foreign service. 7. His military personnel record contains an ARCOM certificate, dated 6 March 2002, issued by the 2d Brigade (Black Jack Brigade), 1st Cavalry Division, which shows that he was awarded the ARCOM for meritorious achievement while deployed as a participant in Operation Enduring Freedom (OEF) as a member of the Headquarters and Headquarters, 3rd Battalion, 8th Regiment (3/8th), 2d Brigade, 1st Cavalry Division from 14 November 2001 to 4 April 2002, a period of 9 days short of 5 months. Unit history shows that the 3/8th Cavalry was deployed to Kuwait as part of Task Force Blackjack from November 2001 to April 2002 in support of OEF. Unit history of the Black Jack Brigade shows that it deployed a combat team to Kuwait in November 2001 as part of OEF and returned to its home station, Fort Hood, Texas, in April 2002. 8. An NCOER for the applicant for the period of 200111 to 200207 states an area of special emphasis was a no-notice deployment to Kuwait in support of Operation Enduring Freedom, ODS 01-2, with redeployment to Fort Hood. The NCOER states that the applicant was responsible for the 3/8th war-stock of ammunition. 9. On 20 August 2002, he was honorably released from active duty and was transferred to the Army National Guard. His DD Form 214 for his active duty service shows in: a. block 12f (Foreign Service) – 00 00 00, b. block 13 (Awards and Decorations) – * Army Lapel Button * Army Commendation Medal * Army Achievement Medal * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon c. block 18 (Remarks) – no deployment information 10. Coordination with the Defense Finance and Accounting Service shows he received imminent danger pay/hazardous duty pay for service in Kuwait during the period 1 April 2001 to 31 August 2001, a period of 5 months. ? BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the partial relief is warranted. 2. The applicant contends that he was deployed to Kuwait from May to August 2000 while DFAS records show he was paid hazardous duty pay for service in Kuwait from 1 April to 31 August 2001. Accordingly, his DD Form 2014 should show that he was deployed to Kuwait from April to August 2001 and reflect foreign service for this period. However, this does not meet the requirements for award of an Overseas Service Ribbon or second award (numeral 2) according to AR 600-8-22 and Army Regulation 614-30 in that it was not a permanent change of station. 3. The applicant contends that he was deployed to Kuwait from October 2001 to May 2002. His Army Commendation Medal Certificate recognized the applicant for meritorious achievement while deployed as a participant in OEF from 14 November 2001 to 4 April 2002 but does not give the deployment location. Deployment during OEF need not have been to Kuwait as Soldiers were deployed both in the continental United States and elsewhere overseas in support of OEF. There is no documentary evidence that the applicant was deployed to Kuwait from October 2001 to May 2002. His unit of deployment may be able to provide the applicant additional documentation. 4. The Global War on Terrorism Expeditionary Medal is authorized for Soldiers deployed to serving in the designated area of eligibility (AOE) defined in AR 600-8-22, paragraph 2-20 on or after 11 September 2001. There is no documentary evidence that the applicant meet this requirement. 5. The Global War on Terrorism Service Medal is authorized for Soldiers deployed outside of the designate AOE defined in AR 600-8-22, paragraph 2-20 on or after 11 September 2001. The evidence shows that the applicant was deployed in support of OEF 14 November 2001 to 4 April 2002 and should therefore be awarded the Global War on Terrorism Service Medal. 6. AR 600-8-22 does not provide for a Kuwait Campaign Medal. The regulation does provide for a foreign award of the Kuwait Liberation Medal for service members that served in Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993. The applicant is not eligible for this award. 7. The applicant states that his DD Form 214 should be corrected to show the Army Commendation Medal. His current DD Form 214 already shows award of the Army Commendation Medal. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: a. Showing on his DD Form 2014 that he was deployed to Kuwait from 1 April 2001 to 31 August 2001 as foreign service. b. Showing he was awarded the Global War on Terrorism Service Medal and providing him the medal. 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 showing that he was deployed to Kuwait from October 2001 to May 2002; award of the Overseas Service Ribbon, Global War on Terrorism Expeditionary Medal, and Kuwait Campaign Medal; and adding the Army Commendation Medal to his current DD Form 214. 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. ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 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. Instructions stated for: a. block 12f, from the Enlisted Record Brief, to enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period). b. block 13, to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. Do not use abbreviations. c. block 18, to enter, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 3. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Global War on Terrorism Expeditionary Medal was established to recognize service members of the Armed Forces of the United States who are deployed abroad for service in the Global War on Terrorism on or after 11 September 2001 to a date to be determined. Areas of eligibility are designated as follows: (1) The general area of eligibility encompasses all foreign land, water, and airspaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States. The Secretary of Defense, when recommended by the Chairman of the Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation. (2) Only Soldiers in a deployed status (for example, temporary change of station, temporary duty, Worldwide Individual Augmentation System) are eligible for the Global War on Terrorism Expeditionary Medal. Personnel supporting the Global War on Terrorism in a non-deployed status (for example, permanent change of station), whether stationed at home (in the United States) or overseas, are eligible only for the Global War on Terrorism Service Medal. (3) The Global War on Terrorism Expeditionary Medal will not be awarded to Soldiers who are deployed and/or mobilized to an approved area of eligibility for the purpose of staging operations, with follow on movement into an area authorized its own campaign medal. (4) Because counter-terrorism operations are global in nature, the area of eligibility for an approved operation may be deemed to be noncontiguous. The combatant commander has the authority to approve award of the medal for units and personnel deployed within his or her theater. Under no conditions will units or personnel within the United States be deemed eligible for the Global War on Terrorism Expeditionary Medal. b. 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 area of eligibility or meet one of the following criteria: (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 area of eligibility. (2) While participating in the designated operation, regardless of time, is killed, wounded, or injured, requiring medical evacuation from the area of eligibility. (3) Service members participating as a regularly assigned aircrew member flying sorties into, out of, within, or over the area of eligibility in direct support of Operation Nomad Shadow, Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal. Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30 consecutive or 60 nonconsecutive-day requirement. c. Award of the Global War on Terrorism Expeditionary Medal designated area of eligibility (AOE) is limited to service members deployed abroad in support of Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Freedom Sentinel in the following designated specific geographic areas of eligibility: Afghanistan, Algeria, Azerbaijan, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Burkina Faso, Chad, Colombia, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Guantanamo Bay (Cuba), Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific Global War on Terrorism operations not associated with operations qualifying for the KCM), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Morocco, Niger, Nigeria, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Senegal, Sierra Leone, Somalia, Syria, Tajikistan, Tanzania, Tunisia, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 north latitude and west of 68 degree longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degree east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. d. Soldiers are authorized to wear a bronze service star on the Global War on Terrorism Expeditionary Medal for separate deployments and periods of service in support of different named operations. e. Service members may be awarded both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award. f. The Global War on Terrorism Service Medal is authorized for award to service members of the Armed Forces of the United States who participated in or served in support of Global War on Terrorism operations outside of the designated area of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. g. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. Soldiers must be credited with a successful completion of an overseas tour in accordance with Army Regulation 614-30 (Overseas Service). 4. Army Regulation 614-30 (Overseas Service) prescribes policies pertinent to overseas permanent change of station moves, overseas tour lengths, overseas tour curtailments, time-on-station, eligibility for overseas service criteria, voluntary and involuntary overseas tour extensions, the Overseas Tour Extension Incentive Program, consecutive overseas tours, and Soldier personnel criteria for overseas deployment. Instructions state Soldiers who serve a minimum of 11 cumulative months (within a 24 month period) or 9 continuous months in a temporary change of station/temporary duty status may receive overseas tour credit for a completed short tour. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006456 5 1