IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100019262 


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 service in Saudi Arabia and award of the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states she served in Saudi Arabia from 1 September 1997 to 1 February 1998, but her DD Form 214 does not show this service or his AFEM.

3.  The applicant provides copies of her DD Form 214 and a certificate for award of the Armed Forces Expeditionary Medal.

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.  On 10 May 1995, the applicant enlisted in the Regular Army.  She completed her initial training and was awarded military occupational specialty 91B (Medical Specialist).  She subsequently departed Fort Sam Houston, Texas, for assignment in the Republic of Korea.

3.  On 16 October 1995, the applicant was assigned to the 168th Medical Logistics Battalion located in the Republic of Korea.  She remained with this organization until her assignment to Fort Bliss, Texas, on or about 15 August 1996 [10 months and 3 days of foreign service].

4.  Defense Finance and Accounting Service records show the applicant received imminent danger pay for service in Saudi Arabia from 18 September 1997 to 21 January 1998 [4 months and 4 days of foreign service].

5.  The certificate provided by the applicant shows she received the AFEM for service in Southwest Asia from 1 September 1997 to 1 February 1998.

6.  An award certificate in the applicant's records shows Permanent 
Orders 034-03, 11th Air Defense Artillery Brigade, dated 3 February 1999, awarded the applicant the Army Commendation Medal for meritorious service during the period 5 September 1996 to 9 May 1999.

7.  On 9 May 1999, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  She completed 4 years of creditable active duty service.

8.  The applicant's DD Form 214 shows in:

	a.  item 12f (Foreign Service) – 10 months and 3 days;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar;

	c.  item 18 (Remarks) – no entry for her deployment to Saudi Arabia.

9.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  for award of the Korea Defense Service Medal (KDSM).  It 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 area of eligibility and the period of eligibility are as follows:  (a) service members of the Armed Forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense, (b) the area of eligibility encompasses all land area of the Republic of South Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water areas, (c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days; and

	b.  for award of the AFEM to 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The AFEM was authorized for service in Saudi Arabia during Operation Northern Watch from 1 January 1997 to 18 March 2003.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that item 18 (Remarks) will contain the following entry for Regular Army Soldiers:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her deployment to Saudi Arabia and award of the AFEM.

2.  The evidence clearly shows the applicant served 10 months and 3 days in the Republic of Korea and 4 months and 4 days in Saudi Arabia, totaling 1 year, 2 months, and 7 days.  This service should be shown in item 12f of her DD Form 214.

3.  The evidence shows the applicant was deployed to Southwest Asia where she received imminent danger pay from 18 September 1997 to 21 January 1998.  Therefore, item 18 of his DD Form 214 should be corrected to reflect this service.

4.  Records show her service in Southwest Asia qualified her for award of the AFEM.  Therefore, this medal should be shown on his DD Form 214.

5.  Permanent orders show she was awarded the Army Commendation Medal for meritorious service.  Therefore, this medal should be on her DD Form 214.

6.  Records show the applicant served during a qualifying period for award of the KDSM.  Therefore, this medal should be shown on her DD Form 214.

BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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:

	a.  showing that in addition to the awards shown on her DD Form 214, her authorized awards include the Army Commendation Medal, AFEM, and KDSM;

	b.  showing in item 12f of his DD Form 214:  1 year, 2 months, and 7 days; and

	c.  adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19970918-19980121."



      __________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)                                         AR20100019262



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ABCMR Record of Proceedings (cont)                                         AR20100019262



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