AR20150009751

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009751

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

___x____ ___x____ ___x____ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009751

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 amending his DD Form 214 with a separation date of 19 January 2003 by:

a. Item 12f – delete the entry “0000 00 00” and enter “0000 05 15.”

b. Item 18 – add the entry “Kuwait – 20020327 – 200020911.”

c. Add the following awards:

* Armed Forces Expeditionary Medal
* Global War on Terrorism Service 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 foreign service in excess of the above.

_____________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: 3 May 2016

DOCKET NUMBER: AR20150009751

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 to item 12f (Foreign Service) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 January 2003 to show his service in Kuwait.

2. The applicant states he spent 7 months in Kuwait with the 2nd Platoon, 69th Armor, 3rd Infantry Division.

3. The applicant provides:

* DD Form 214
* DA Form 2166-8 (Non-commissioned Officer (NCO) Evaluation Report) (NCOER) for the period August 2001 through July 2002

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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. On 20 January 1999, he enlisted in the Regular Army.

3. The applicant’s official military personnel file (OMPF) contains NCOERs for the periods July 2001 – June 2002 and July 2002 – January 2003. Item 9 (Areas of Special Emphasis) of both NCOERs contains the entry “Operation Desert Spring 02-02.”

4. Item 9 of the NCOER submitted by the applicant contains the entry “Operation Desert Spring 02-02.”

5. On 19 January 2003, he was released from active duty. His DD Form 214 contains the following information:

* Item 12c (Net Active Service this Period) shows he had 4 years net active service during the period of the DD Form 214
* Item 12f of his DD Form 214 does not show any foreign service
* Item 18 (Remarks) does not contain an entry indicating he was deployed to Kuwait
* The DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Army Service Ribbon

6. An email, dated 14 October 2015, the from Defense Finance and Accounting Service (DFAS) states the applicant’s master military pay account shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 27 March through 11 September 2002 for Kuwait.

REFERENCES:

1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

a. The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Table 2-5 lists areas that are designated U.S. military operations of assistance to a friendly foreign nation. Among those operations listed is Operation Desert Spring from 31 December 1998 – 18 March 2003.
b. The Global War on Terrorism Service Medal 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 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 Global War on Terrorism Service Medal.

2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.

a. Foreign service performed during the period covered in Item 12c of the
DD Form 214 was entered in item 12f.

b. When an active duty Soldier was deployed with his unit during the period covered by the DDForm214, an entry was made in item 18 to show the name of the country deployed to and the inclusive dates in YYYYMMDD format.

DISCUSSION:

1. The NCOERs in the applicant’s OMPF show that he participated in Operation Desert Spring. The only evidence showing dates of foreign service is the email, dated 14 October 2015, from DFAS showing he received HF/IDP and CZTE from 27 March 2002 through 11 September 2002, a period of 5 months and 15 days, for Kuwait.

a. It would be appropriate to correct item 12f of his DD Form 214 to show he had 5 months and 15 days of foreign service.

b. He meets the criteria for the award of the Armed Forces Expeditionary Medal.

c. Item 18 of his DD Form 214 should contain the entry, “Service in Kuwait from 20020327 – 20020911.”

2. His service after 11 September 2001, other than in Kuwait, qualifies him for the Global War on Terrorism Service 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) AR20150009751

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009751

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2