IN THE CASE OF:	

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090018604 


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 5 December 2003 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Israel, the award of the Global War on Terrorism Expeditionary Medal (GWOTEM), and the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states she was deployed to Israel from 7 January 2003 to
1 May 2003.  She offers that she needs this information annotated on her 
DD Form 214 for civilian employment consideration. 

3.  The applicant provides Temporary Change of Station (TCS) orders, travel orders and voucher, unit deployment roster, Policy on the Combat Patch, Joint Service Commendation Medal (JSCM) certificate with citation and orders, and a vacancy announcement.

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’s records show she enlisted in the Regular Army on 5 April 2000.  She was credited with 3 years, 8 months, and 1 day of active service and she was honorably discharged under the provisions of chapter 8, Army Regulation 635-200 (Personnel Separations) on 5 December 2003.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:  Joint Service Commendation Medal, Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, and the Army Service Ribbon.

4.  Orders 42-61, dated 11 February 2003, show the applicant was assigned to Israel on TCS orders in support of Operation Enduring Freedom.  Travel orders, a travel voucher, and unit deployment roster show she was deployed to Israel from 7 January to 1 May 2003. 

5.  Permanent Orders 03-121-01, certificate and citation show the applicant was awarded the JSCM for distinguished meritorious service while serving with Joint Task Force Cobra during Operation Enduring Freedom and Operation Iraqi Freedom.  The period of the award was from 5 February to 1 May 2003.

6.  Information provided by the Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay/imminent danger pay and a combat zone tax exemption from 7 January to 30 April 2003 while assigned in Israel.

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief during the period covered in item 12f.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."



8.  Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  

9.  A Human Resources Command message, dated 17 March 2004, disseminated implementing instructions for award of the GWOTEM for Soldiers who deploy abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated.  

10.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees 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 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the JSCM for distinguished meritorious service during Operation Enduring Freedom and Operation Iraqi Freedom.  Additionally, DFAS verified that the applicant received hostile fire pay/imminent danger pay and a combat zone tax exemption from 7 January to 30 April 2003 while assigned in Israel.  Therefore, her records should be corrected to show deployment in Israel in item 18 of her DD Form 214.

2.  The applicant was deployed to Israel from 7 January to 30 April 2003 in support of Operation Enduring Freedom and Operation Iraqi Freedom.  Therefore, she met the requirements for award of the GWOTEM.

3.  The evidence of record also shows the applicant was on active duty on 11 September 2001 for more than 30 days; therefore, she is eligible for award     of the GWOTSM and correction of her DD Form 214 for the period 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.  adding the GWOTEM and the GWOTSM to her 5 December 2003 DD Form 214 and
   
	b.  adding "SERVICE IN ISRAEL FROM 20030107 - 20030430" in item 18 of her DD Form 214.




      _______ _   __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)                                         AR20090018604



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ABCMR Record of Proceedings (cont)                                         AR20090018604



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