IN THE CASE OF:	

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100020514 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Kuwait in support of Operation Enduring Freedom (OEF).

2.  The applicant states:

* her deployment to Kuwait was not recorded on her record
* her original chain of command deployed for a second time and they were unavailable to assist
* the rear detachment did not notice the mistake
* she was pregnant at the time and her separation date came around too fast
* she did not make it a priority

3.  She submitted:

*  a manifest, dated 10 July 2002
* Orders 179-405, dated 28 June 2002

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 on 21 June 2001.

3.  She submitted:

   a.  Orders 179-405, issued by Headquarters, I Corps, Fort Lewis, WA, which assigned her unit to the Central Command Area of Responsibility on a temporary change of station in support of OEF on 2 July 2002 and
   
   b.  a manifest, dated of 10 July 2002, with her maiden name J-----z, P------a in position number 3.

4.  A query of the Defense Finance and Accounting Service (DFAS) Master Military Pay Account (MMPA) database shows she received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 13 July 2002 through 9 July 2003.

5.  On 21 September 2004 the applicant was honorably discharged by reason of parenthood.  She had completed 3 years, 3 months, and 1 day of net active service this period.  Her DD Form 214 shows in:

	a.  Item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service completed during the period covered by the report;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon; and

6.  Item 18 (Remarks) of her DD Form 214 does not contain any deployment entry.

7.  There is no evidence of any disciplinary actions imposed against the applicant or a commander's disqualification for the first award of the Army Good Conduct Medal.  The applicant attained the rank/grade of specialist (SPC)/E-4 during her service.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* active duty Soldiers 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

9.  A review of her records indicates entitlement to additional awards and decorations that are not shown on her DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (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.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

12.  Army Regulation 614-30 (Overseas Service) governs overseas tour lengths and credit for tour completion.  The following is a clarification statement provided by the proponent of this regulation.  It states “Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a Temporary Change of Station/Temporary Duty (TCS/TDY) status get credit for a completed short tour per Army Regulation 614-30, Table 3-2, rules 5 and 7.  Where a tour length has not been established by the Department of Defense (DOD) the Army gives equivalent credit for periods of TCS/TDY.

13.  Army Regulation 600-8-22 states the Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served a qualifying period of service for award of the Afghanistan Campaign Medal with one bronze service star, Army Good Conduct Medal (1st award), and the OSR.  Therefore, she is entitled to correction of her DD Form 214 to show these awards.

2.  The evidence of record shows the applicant served in Kuwait in support of OEF during the period 13 July 2002 through 9 July 2003, a period of 11 months and 27 days.  Therefore, she is entitled to correction of item 12f and item 18 of her DD Form 214 to appropriately show her foreign service.

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:

	a.  deleting from item 12f of her DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  11  27";

	b.  awarding her the Army Good Conduct Medal (1st award) for the period
21 June 2001 through 20 June 2004;

	c.  adding to item 13 of her DD Form 214 the:

* Army Good Conduct Medal (1st award)
* Afghanistan Campaign Medal with one bronze service star
* Overseas Service Ribbon

	d.  adding to item 18 of her DD Form 214 the entry "SERVICE IN KUWAIT FROM 20020713 - 20030709."



      ___________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)                                         AR20100020514



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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