IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100014583 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her:

* period of service in Kuwait
* award of the Armed Forces Expeditionary Medal (AFEM) 
* award of the Army Good Conduct Medal (AGCM) (2nd award)
* award of the Army Commendation Medal (ARCOM)
* correct time in service (TIS)

2.  She states her assignment to Kuwait is not documented on her DD Form 214 and, as a result, she does not have her AFEM.  She also states her TIS is incorrect, she does not have her second AGCM, and she is missing her ARCOM. 

3.  She provides a copy of her:

* DD Form 214
* Permanent Change of Station orders
* DA Form 638 (Recommendation for Award)
* AFEM 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 record shows she enlisted in the Regular Army (RA) on 
29 December 1994.

3.  She submitted a copy of Orders Number 225-58 issued by Headquarters, XVIII Airborne Corps and Fort Bragg, NC, dated 13 August 1999, permanently changing her duty station to the 385th Signal Company, Kuwait City, Kuwait with an availability date of 13 January 2000. 

4.  She submitted a copy of a DA Form 638, which shows she was awarded the ARCOM under the authority of Orders Number 354-9, issued by Headquarters, 11th Signal Brigade, Fort Huachuca dated 18 December 2000.

5.  She submitted a copy of a certificate awarding her the AFEM for service in Southwest Asia from 27 February 2000 to 26 February 2001.

6.  On 6 January 2001, she was honorably released from active duty after completing 6 years and 8 days of active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show award of the AFEM, AGCM (2nd award), or the ARCOM.  Additionally, Item 18 (Remarks) does not show that she served in Kuwait.

7.  A representative from the Defense Finance and Accounting Service confirmed she served in Kuwait from 11 January through 21 December 2000.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for Southwest Asia operations includes participation in Operation Desert Spring (31 December 1998 to 18 March 2003).
9.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

10.  Army Regulation 635-5 (Separation Documents) state 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.  There is no evidence nor did the applicant submit any evidence that shows she  served in Kuwait in direct support of Operation Desert Spring during a qualifying period of service for award of the AFEM.  Therefore, she is not entitled to have her record corrected to show this award.

2.  The evidence of record confirms she served honorably on active duty from 29 December 1997 through 6 January 2001 and there is no derogatory information in the available record that would have disqualified her for award of the AGCM (2nd Award).  Therefore, it would be appropriate to award her the second award of the AGCM.

3.  An email transmission between DFAS and the ABCMR confirmed the applicant received HFP/IDP and CZTE while serving in Kuwait during the period 11 January 2000 through 21 December 2000.  However, orders show she proceeded to Kuwait on an individual permanent change of station vice a unit deployment.  Therefore, she is not entitled to have item 18 (Remarks) of her DD Form 214 corrected to show "SERVICE IN KUWAIT FROM 2000111-20001221."  

4.  She was awarded the ARCOM on permanent orders.  Therefore, she is entitled to have her record corrected to show this award.

5.  She also contends that her TIS is incorrect; however, all evidence of record shows she enlisted in the RA on 29 December 1994 and was separated on 6 January 2001 after serving for 6 years and 8 days.  Therefore, there is no basis for changing the length of her TIS.

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.  awarding her the AGCM for the period 29 December 1997 through 6 January 2001; and
   
   b.  adding the ARCOM and AGCM (2nd award) to item 13 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 correcting her record to show award of the AFEM, "SERVICE IN KUWAIT FROM 20000111-20001221," and to correcting her TIS.  




      ____________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)                                         AR20100014583



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1