IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007408 


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 her participation in Operation Enduring Freedom (OEF).

2.  The applicant states her current DD Form 214 does not reflect her participation in this operation.

3.  The applicant provides a copy of a DA Form 4980-18 (Army Achievement Medal Certificate).

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 California Army National Guard on 28 February 1996 for a period 8 years.  She completed basic and advanced individual training and was awarded military occupational specialty 92F (Petroleum Supply Specialist).  On 23 May 2002, she enlisted in the Regular Army for a period of 3 years.  She was honorably discharged on 15 December 2003.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows an entry of 0000 year(s), 00 month(s), and 00 day(s).  Item 18 (Remarks) of this form does not contain any entries showing she had foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the Army Achievement Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal (2nd Award), and the Army Service Ribbon.

5.  The Army Achievement Medal certificate shows the applicant was recognized for exceptionally meritorious achievement during her assignment in support of OEF.  The certificate is signed by an Army lieutenant colonel.

6.  A copy of an electronic mail (email) transmission between the ABCMR and the Defense Finance and Accounting Services (DFAS), dated 17 June 2010, shows the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) during the period 29 July 2002 through 1 February 2003 for service in Qatar.

7.  A review of the applicant's personnel records indicates she is entitled to additional awards that are not shown on her DD Form 214.

8.  The applicant's DD Form 214 does not indicate she was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Global War on Terrorism Service Medal (GWOTSM).

9.  U.S. Army 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, or must meet one of the following criteria:  (a) be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of the time in the area of eligibility; (b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or (c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of OEF and/or Operation Iraqi Freedom.  The message limited initial award of the GWOTEM to Soldiers who deployed abroad in OEF and Operation Iraqi Freedom in the following areas of eligibility:  Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 degrees latitude), Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, 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, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

10.  U.S. Army Human Resources Command message, dated 17 March 2004, disseminated implementing instructions for award of the GWOTSM.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the GWOTEM on or after 11 September 2001 to a date to be determined.  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 this award.

11.  Soldiers may receive both the GWOTEM and the GWOTSM if they meet the requirements for both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.  Battalion commanders and commanders of separate units are authorized to award the GWOTSM to qualified personnel.  Permanent orders are not required.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

13.  Paragraph 2-4 of Army Regulation 635-5 indicates that item 12f of the DD Form 214 would show the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period), which will be taken from the Soldier's Enlisted Record Brief or Officer Record Brief.

14.  Paragraph 2-4 of Army Regulation 635-5 also indicates that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following statement will be entered in item 18 of the DD Form 214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her records to show she participated in OEF was carefully considered and was found to be supported by the evidence.

2.  An email transmission between DFAS and ABCMR confirmed the applicant received HFP/IDP and CTZE while serving in Qatar during the period 29 July 2002 through 1 February 2003.  In view of the foregoing, she is entitled to award of the GWOTEM and GWOTSM and to have her DD Form 214 reflect these awards.

3.  The evidence confirms that during the period covered by the DD Form 214 for the period ending 15 December 2003, the applicant served in Qatar for 6 months and 4 days during the period 29 July 2002 through 1 February 2003.  As a result, it would be appropriate to amend her DD Form 214 by deleting the entry in item 12f and replacing it with the entry "0000  06  04."  Furthermore, the following entry should be added to item 18:  "SERVICE IN QATAR FROM 20020729-20030201."

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 amending her DD Form 214 for the period ending 15 December 2003 as follows:

	a.  item 12f - delete the current entry and replace it with the entry "0000  06  04,"

	b.  item 13 - add the GWOTEM and the GWOTSM, and

	c.  item 18 – add the entry "SERVICE IN QATAR FROM 20020729-20030201."



      __________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)                                         AR20100007408



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ABCMR Record of Proceedings (cont)                                         AR20100007408



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