IN THE CASE OF:	  

		BOARD DATE:	        2 December 2008

		DOCKET NUMBER:  AR20080014484 


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, in effect, that the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2005 in her Official Military Personnel File on the Interactive Personnel Electronic Records Management System (iPERMS) be removed and the corrected DD Form 214 for the period ending 31 May 2005 be filed in her military records.  She also requests that the corrected DD Form 214 be amended to show the Afghanistan Campaign Medal with one bronze service star.

2.  The applicant states that the DD Form 214 for the period ending 31 May 2005 that is in her military records is not the final DD Form 214 that was issued to her prior to her retirement.  She contends that the DD Form 214 on file is missing her award of the Legion of Merit, the Afghanistan Campaign Medal with one bronze service star, and the word “Kuwait” is misspelled.  She contends that after she received the DD Form 214 with the errors she returned it to the personnel section for correction.  She goes on to state that the personnel section made the corrections and returned the DD Form 214 to her.  She also contends that she was informed that the corrected DD Form 214 would the one annotated in her military records and the erroneous form would be destroyed. 

3.  The applicant provides orders for the Legion of Merit; a DD Form 214 for the period ending 31 May 2005 that does not show the Legion of Merit as an authorized award; and a DD Form 214 for the period ending 31 May 2005 that shows the Legion of Merit as an authorized award.   


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.  Having prior service, the applicant entered active duty on 11 September 1994. She served in Afghanistan from 25 May 2002 through 11 August 2002 and she retired in the rank of lieutenant colonel on 31 May 2005.

3.  Orders, dated 17 March 2005, show the applicant received the Legion of Merit.  

4.  The applicant provided a DD Form 214 for the period ending 31 May 2005 that does not show the Legion of Merit as an authorized award.

5.  The applicant also provided a DD Form 214 for the period ending 31 May 2005 that does show the Legion of Merit as an authorized award.  This DD Form 214 also shows the Afghanistan Campaign Medal as an authorized award.

6.  The applicant’s Official Military Personnel File on the iPERMS contains a copy of the DD Form 214 for the period ending 31 May 2005 that does not show the Legion of Merit as an authorized award. 

7.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for the following campaigns:  Liberation of Afghanistan (11 September 2001 - 30 November 2001); Consolidation I
(1 December 2001 - 30 September 2006); and Consolidation II (1 October 2006 - Date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  Since the evidence of record shows the applicant received the Legion of Merit, her contention that she returned the DD Form 214 for the period ending 
31 May 2005 that does not show the Legion of Merit as an authorized award for correction is accepted.  It would be appropriate to remove the DD Form 214 for the period ending 31 May 2005 that does not show the Legion of Merit as an authorized award from her military records and replace it with the DD Form 214 for the period ending 31 May 2005 that does show the Legion of Merit as an authorized award. 

2.  The applicant’s corrected DD Form 214 for the period ending 31 May 2005 shows the Afghanistan Campaign Medal as an authorized award.  However, she participated in one campaign during her assignment in Afghanistan which makes her eligible for award of the Afghanistan Campaign Medal with one bronze service star.  Therefore, her corrected DD Form 214 for the period ending 31 May 2005 should be corrected to show this award. 

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  removing the DD Form 214 for the period ending 31 May 2005 that does not show the Legion of Merit as an authorized award from her military records; 

	b.  adding the DD Form 214 for the period ending 31 May 2005 that does show the Legion of Merit as an authorized award to her military records; and 




	c.  adding one bronze service star to her already-awarded Afghanistan Campaign Medal on her corrected DD Form 214 for the period ending 31 May 2005. 




      ______ _ XXX  _______   ___
               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.



ABCMR Record of Proceedings (cont)                                         AR20080014484





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ABCMR Record of Proceedings (cont)                                         AR20080014484



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