IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100016663
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 updated to show award of two Armed Forces Expeditionary Medals (AFEM 2nd award) and any other awards she is entitled to.
2. She states she earned AFEMs when she was on active duty between 11 September 2001 through 25 June 2002 in support of the Global War on Terrorism and Operation Enduring Freedom.
3. She provides her DD Form 214 in support of this 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Her military records show she enlisted in the Regular Army on 31 October 1996.
3. Item 5 (Overseas Service) of her DA Form 2-1 (Personnel Qualification Record) shows she was assigned to the Republic of Korea from 1 March 2001 through 25 June 2002.
4. On 25 June 2002, she was honorably discharged from active duty after serving 5 years, 7 months, and 25 days.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 lists the following awards:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal (2nd award)
* Army Service Ribbon
* Overseas Service Ribbon (2nd award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 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. The regulation does not list a qualifying operation for award of the AFEM during periods/places the applicant served.
7. A review of the applicant's records indicates she is entitled to additional awards and decorations that are not shown on her DD Form 214.
8. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
9. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (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, on or after 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed a qualifying period of service in the Republic of Korea from 1 March 2001 through 25 June 2002 for award of the KDSM. Therefore, she is entitled to have her DD Form 214 corrected to show the KDSM.
2. The evidence of record shows she was serving on active duty on 11 September 2001. Therefore, she is entitled to have her DD Form 214 corrected to show the GWOTSM.
3. There is no documentation in the available records to show the applicant was deployed in support of Operation Enduring Freedom. She has failed to provide sufficient evidence which shows her actual participation in this operation or any other operation that would qualifying for award of the AFEM. Without deployment orders or other documentation showing she was serving in the capacity as direct support personnel during a qualifying period/operation, there is insufficient evidence to grant the applicant the AFEM.
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 amending her DD Form 214 to add the KDSM and GWOTSM.
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 DD Form 214 to show award of the AFEM (2nd award).
_______ _ 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) AR20100016663
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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