IN THE CASE OF:	  

		BOARD DATE:	    10 May 2011

		DOCKET NUMBER:  AR20100023394 


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 the Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), and Korea Defense Service Medal (KDSM).  In addition, she requests correction of her DD Form 214 to show her deployment to Bosnia-Herzegovina.

2.  The applicant states the aforementioned awards were approved after she separated from the Regular Army.  Therefore, they were not recorded on her DD Form 214.  In addition, her deployment in support of Operation Joint Endeavor to Bosnia-Herzegovina from 28 December 1995 to 28 August 1996 with the 16th Corps Support Group is not recorded on her DD Form 214.

3.  The applicant provides the following documents in support of her application:

* DD Form 214 with a separation date of 31 December 2003
* Orders 016-003, dated 25 January 1995
* excerpts from Operation Order (OPORD) 95-425, dated 12 December 1995
* Permanent Orders 105-1, dated 15 December 1995
* 16th Corps Support Group memorandum for return travel to Germany with personnel manifest, dated 3 August 1996
* Orders 31-174, dated 31 January 2001
* Orders 44-171, dated 13 February 2001


* Orders 215-004, dated 3 August 2001
* Orders 106-30, dated 16 April 2002
* News Release Number 3-006, dated 20 January 2003
* Orders 174-0003, dated 23 June 2003
* DA Forms 2166-7 (Noncommissioned Officer Evaluation Report) for April 1996, April 1997, and June 2002
* excerpts from Army Regulation 600-8-22 (Military Awards)

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 enlisted in the Regular Army on 1 December 1983.  She completed her initial entry training and was awarded military occupational specialty (76J).

3.  Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record) shows she served in Bosnia from 28 December 1995 to 28 August 1996 for 8 months in a temporary duty status and in the Republic of Korea from 11 July 2001 to 10 July 2002 for 12 months in a permanent change of station status.

4.  On 31 December 2003, she was honorably retired from active duty after completing 20 years and 1 month of active Federal service.  Item 12f (Foreign Service) of her DD Form 214 shows she completed 9 years, 5 months, and 15 days of foreign service.  Item 18 (Remarks) shows service in Southwest Asia from 1 April 2003 to 16 July 2003.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows these awards:

* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (8th Award)


* Army Achievement Medal (3rd Award)
* Army Superior Unit Award
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
* Armed Forces Service Medal
* North Atlantic Treaty Organization Medal

6.  The Defense Finance and Accounting Service established that the applicant received hostile fire pay/imminent danger pay as follows:

* for Croatia from 28 December 1995 through 31 January 1996
* for Bosnia and Herzegovina from 1 February 1996 through 24 August 1996
* for Kuwait from 2 April 2003 through 15 July 2003

7.  References:

	a.  Army Regulation 600-8-22 states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

	b.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE or meet other specified criteria.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE, including Kuwait.



	c.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

	d  Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who 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.

	e.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 requires the preparer to enter all awards and decorations for all periods of service from the Enlisted Record Brief and verified by the Soldier's record.  In addition, it states 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.  Based on the applicant's service on active duty during a qualifying period of service, the applicant is entitled to a correction of her record to show the GWOTSM.

2.  Based on the applicant's service in Kuwait for more than 30 days, she is entitled to have her records corrected to show award of GWOTEM.

3.  Based on her service in the Republic of Korea during a qualifying period she is entitled to a correction of her record to show the KDSM.



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:

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

* GWOTSM
* GWOTEM
* KDSM

	b.  adding to item 18 of her DD Form 214 the entry "SERVICE IN BOSNIA/
HERZEGOVINA/CROATIA FROM 19951228-19960824."



      ___________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)                                         AR20100023394



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ABCMR Record of Proceedings (cont)                                         AR20100023394



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