IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20220004880 APPLICANT REQUESTS: in effect, to have his DD Form 214 (Certificate of Release or Discharge from Active Duty) corrected to add: * Global War on Terrorism Expeditionary Medal * Army Commendation Medal * Foreign service credit for Kuwait APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 638s (Recommendation for Award) * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 he served in Kuwait from December 2000 until May 2001. His record should be corrected in the interest of justice and historical fact. 3. The Board will only consider the Applicant's request for the Army Commendation Medal. There is sufficient evidence of record to administratively correct the remaining portions of the request without action by the Board. 3. The applicant enlisted in the Regular Army on 22 February 2000. He held military occupational specialty 11B (Infantryman). 4. The applicant provided DA Form 638, showing he was recommended for the Army Achievement Medal (AAM), for meritorious service from 1 July 2000 to 6 November 2001. Block 8 (Previous Awards) shows AAM, Army Service Ribbon, and Expeditionary Medal. The DA Form 638 shows the approval authority approved the award. Part V (Orders Data) does not show a permanent order number or approved award. 5. The applicant provided another DA Form 638 showing he was recommended for the Army Commendation Medal (ARCOM) for meritorious service as an automatic rifleman while assigned to Charlie company, 2d Battalion, 22d Infantry from 10 May 2000 to 24 January 2003. Block 8 (Previous Awards) shows AAM and ARCOM. The DA Form 638 shows he was recommended for approval by his battalion commander. The approval authority did not mark approval, disapproval, or downgrade. Part V (Orders Data) shows permanent order number 031-01, however the form does not show the title of the award approved on 31 January 2003. 6. He was honorably released from active duty on 21 February 2003. His DD Form 214 shows he completed 3 years of net active service this period. Item 12f (Foreign Service) shows 0000|00|00. It also shows he was awarded or authorized: * National Defense Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * Army Lapel Button 7. Permanent orders 59-01, issued by Headquarters, 2d Battalion, 22d Infantry, Fort Drum, NY, on 28 February 2003, shows he was awarded the Army Good Conduct Medal (1st Award). 8. During the processing of this case Defense Finance Accounting Service verified service in Kuwait from 19 December 2000 until 19 April 2001. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the evidence sufficient to confirm the applicant was awarded the Army Commendation Medal. The DA Form 638 recommending the award, though incomplete, provides no indication of any intent to downgrade the recommended award. The Board determined the award should be added to his DD Form 214. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 adding the Army Commendation Medal to his DD Form 214 and making the corrections described in Administrative Note(s) below. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records shows he is entitled to entries not listed on his DD Form 214. As a result, amend his DD Form 214 21 February 2003 to add: a. Item 12f (Foreign Service) - 00 04 01 b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - Good Conduct Medal, Global War on Terrorism Service Medal, and Global War on Terrorism Expeditionary Medal c. Item 18 (Remarks): "SERVICE IN KUWAIT FROM 20001219 - 20010419'' REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 establishes standardized policy for the preparation of the DD Form 214. It states that for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 18 (Remarks), for an active-duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)" 3. AR 600-8-22 (Military Awards): a. 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. 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 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. b. 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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, 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. The GWOTSM may be awarded posthumously. c. States the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004880 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1