IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100010560 


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 add the Army Commendation Medal (ARCOM) and Army Achievement Medal (AAM).  She also requests service credit for her deployment in support of Operation Enduring Freedom (OEF).

2.  The applicant states she noticed that her previously-awarded ARCOM and AAM were not listed on her DD Form 214.  She also noticed that her deployment in support of OEF was not listed.

3.  The applicant provides copies of the following:

* Permanent Orders 344-12, Headquarters, 25th Infantry Division (Light) Artillery, dated 10 December 2001
* Permanent Orders 85-03, Headquarters, 45th Corps Support Group (Forward), dated 26 March 2003
* a certificate of achievement for her participation in OEF

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 U.S. Army Reserve on 2 October 1996 for a period of 8 years.  A copy of her DD Form 4 (Enlistment/
Reenlistment Document - Armed Forces of the United States) shows she entered into a contract via a DA Form 597 (Army Senior Reserve Officers' Training Corps Student Contract).  After completion of training, she served as an officer in the Transportation Corps from 7 June 1999 until her release from active duty on 6 June 2003.

3.  Her records show she served with Headquarters and Headquarters Company, 45th Corps Support Group, while deployed in support of OEF.

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 National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.  Item 18 (Remarks) of this form does not contain any entries showing she had foreign service.

5.  A copy of an email transmission between the ABCMR staff and the Defense Finance and Accounting Service (DFAS), dated 22 September 2010, shows the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) during the period 1 September 2002 through 31 October 2002 for service in Afghanistan.

6.  Permanent Orders 85-03, Headquarters, 45th Corps Support Group (Forward), dated 26 March 2003, show she was awarded the ARCOM for meritorious service during the period 4 January 2000 through 30 April 2003.

7.  Permanent Orders 344-12, Headquarters, 25th Infantry Division (Light) Artillery, dated 10 December 2001, show she was awarded the AAM for meritorious achievement during individual readiness training for the period 16 October 2001 through 21 December 2001.

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

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

10.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The 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 wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

11.  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 participated in or served in support of Global War on Terrorism operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty 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.

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 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 add the ARCOM and the AAM and to show she participated in OEF was carefully considered and was found to be supported by the evidence of record.

2.  Permanent orders show the applicant was awarded the ARCOM and the AAM.  She is therefore entitled to have these individual awards added to her records.

3.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  As a result, she is entitled to the GWOTSM and to have her DD Form 214 reflect this award.

4.  An email transmission between DFAS and ABCMR staff confirmed the applicant received HFP/IDP and CTZE while serving in Afghanistan during the period 1 September 2002 through 31 October 2002.  The Consolidation I Campaign covered this period.  As a result, she is entitled to the Afghanistan Campaign Medal with one bronze service star and to have her DD Form 214 reflect this award.

5.  The evidence confirms that during the period covered by the DD Form 214 for the period ending 6 June 2003, the applicant served in Afghanistan during the period 1 September 2002 through 31 October 2002.  As a result, it would be appropriate to amend her DD Form 214 by adding to item 18:  "SERVICE IN AFGHANISTAN FROM 20020901-20021031."

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 6 June 2003 as follows:

	a.  item 13 - adding the following awards:

* ARCOM
* AAM
* Afghanistan Campaign Medal with one bronze service star
* GWOTSM

	b.  item 18 - adding the entry "SERVICE IN AFGHANISTAN FROM 20020901-20021031."



      ___________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)                                         AR20100010560



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ABCMR Record of Proceedings (cont)                                         AR20100010560



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