IN THE CASE OF:	  

		BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090005656 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal and the Armed Forces Expeditionary Medal.  She also requests that her dates of service in Southwest Asia be shown on her DD Form 214.   

2.  The applicant states that these items were not added to her DD Form 214 at the time of her expiration term of service.  She contends that she participated in Operation Desert Falcon in Southwest Asia from 1 February 1998 to 15 June 1998.

3.  The applicant provides a copy of her DD Form 214, an award certificate for the Armed Forces Expeditionary Medal, an award certificate and orders for the Army Achievement Medal, and two certificates of achievement in support of her application. 

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 10 June 1997.  She trained as a unit supply specialist and was released from active duty on 27 October 1998 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete her remaining service obligation.

3.  The applicant's DD Form 214 does not show the Army Achievement Medal or the Armed Forces Expeditionary Medal as authorized awards.  Item 12f (Foreign Service) on her DD Form 214 does not show she served any foreign service and item 18 (Remarks) does not show any deployments. 
  
4.  Headquarters, 1st Battalion, 1st Air Defense Artillery Permanent Order Number 87-015, dated 28 March 1998, shows the applicant received the Army Achievement Medal for meritorious service while deployed to Southwest Asia during the period 1 February 1998 to 29 March 1998. 

5.  In support of her claim for award of the Armed Forces Expeditionary Medal, the applicant provided an award certificate which shows she was awarded the Armed Forces Expeditionary Medal for service in Southwest Asia.

6.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in a combat zone receiving hostile fire pay during the period 
1 January 1998 to 31 March 1998 in Saudi Arabia.  

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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.  Qualifying service for this award includes participation in Southwest Asia operations from 
1 December 1995 to 18 March 2003.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, for item 12f, from the Soldier's records, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).  The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Achievement Medal. 

2.  The available evidence is also sufficient to support correcting the applicant’s DD Form 214 to show she was awarded the Armed Forces Expeditionary Medal for her service in Southwest Asia.  

3.  Although the applicant contends that she served in Southwest Asia from 
1 February 1998 to 15 June 1998, the Army Achievement Medal orders provided by the applicant show she was deployed to Southwest Asia from 1 February 1998 to 29 March 1998.  In addition, DFAS records show she only received hostile fire pay until 31 March 1998.  Based on the foregoing, it would be appropriate to amend item 18 on the applicant’s DD Form 214 to show she served in Southwest Asia from 1 February 1998 to 29 March 1998.  

4.  Item 12f of the applicant's DD Form 214 should also be corrected to show she served 1 month and 29 days of foreign service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  adding the Army Achievement Medal and the Armed Forces Expeditionary Medal to her DD Form 214;

	b.  amending item 12f of her DD Form 214 to show she served 1 month and 29 days of foreign service; and
	c.   adding the entry, “SERVICE IN SOUTHWEST ASIA FROM 19980201-19980329" in item 18 of her DD Form 214.
 
2.  The Board further determined that 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 amending her DD Form 214 to show she served in Southwest Asia from 1 February 1998 to 15 June 1998.  




      _______ _   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.

ABCMR Record of Proceedings (cont)                                         AR20090005656



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ABCMR Record of Proceedings (cont)                                         AR20090005656



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