IN THE CASE OF: .
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100023528
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 deployments and awards.
2. The applicant states her Gulf War time is not reflected on her DD Form 214. She doesn't want to lose any benefits that she may be eligible for as an Operation Iraqi Freedom (OIF)/Operation Enduring Freedom (OEF) veteran.
3. The applicant provides a copy of her DD Form 214, congressional correspondence, letter from the National Personnel Records Center, and report of medical history.
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. The applicant enlisted in the Regular Army on 17 June 1999. She completed training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator. She was discharged under honorable conditions effective
9 June 2003.
3. Her DA Form 2-1 (Personnel Qualification Record - Part III) shows in item 9
(Awards, Decorations, and Campaigns) the Army Service Ribbon.
4. The applicant's DD Form 214 shows in:
a. item 12f (Foreign Service) no foreign service.
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Grenade Bar.
c. item 18 (Remarks) no deployments during this period of service.
5. Her official records contain Permanent Orders 196-36, 11th Transportation Battalion, (Terminal), Fort Eustis, VA, dated 15 July 2002, announcing award of the Good Conduct Medal for the period 16 June 1999 to 15 June 2002.
6. The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows she received hostile fire/imminent danger pay (HF/IDP) in Egypt from 20 September 2001 through
21 November 2001.
7. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty 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.
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:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and
b. item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was deployed in support of operations in Egypt from 20 September 2001 through 21 November 2001. Therefore, her DD Form 214 should be corrected to show award of the Global War on Terrorism Expeditionary Medal.
2. Orders were published awarding her the Army Good Conduct Medal. Her DD Form 214 should be corrected to show this medal.
3. Her DD form 214 should also be corrected to show she was deployed to Egypt from 20 September 2001 through 21 November 2001.
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 changing her DD Form 214 as follows:
a. adding to item 13 the Army Good Conduct Medal, and the Global War on Terrorism Expeditionary Medal; and
b. changing the current entry in item 12f to read "2 months and 3 days", and adding to item 18 the entry "service in Egypt from 20010920 to 20011121."
___________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) AR20100022947
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100023528
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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