IN THE CASE OF:	  

		BOARD DATE:	 21 June 2011 

		DOCKET NUMBER:  AR20100028985


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 support of Operation Iraqi Freedom (OIF).

2.  The applicant states that she was going through a divorce at the time of her discharge and she did not have the necessary documentation to support an entry for her OIF service on her DD Form 214.  She would like her record to reflect her participation in OIF in support of her country.  She loves being a veteran and loves working with veterans at the Department of Veterans Affairs hospital in New Orleans, LA.

3.  The applicant provides Order 253-049, Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, dated 9 September 2004.

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.  Her records show she enlisted in the Regular Army for a 4-year term on 4 November 1998.  She completed training and was awarded military occupational specialty 42L (Administrative Specialist).

3.  Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record – Part II) shows she was stationed in Korea from 16 October 2001 through 15 October 2002.

4.  On 13 March 2002, she completed the Primary Leadership Development Course (PLDC) at the Eighth Army Noncommissioned Officer (NCO) Academy in Korea.

5.  Orders 253-049, Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, dated 9 September 2004, ordered her unit, Headquarters and Headquarters Company, 46th Corps Support Group, Fort Bragg, NC, to the U.S. Central Command area of responsibility (Middle East) in support of OIF with an 11 November 2004 report date.  Included with this order is an excel spreadsheet identifying certain unit members, presumed to be a deployment roster, of which she is included.

6.  She was honorably discharged from the Army on 18 November 2005.  Her DD Form 214 confirms she was credited with 7 years and 15 days of active service.  The highest rank/grade she attained while serving on active duty was sergeant/E-5.  Item 12f (Foreign Service) of her DD Form 214 shows she completed 11 months and 29 days of foreign service.  Item 18 (Remarks) of her DD Form 214 does not indicate she participated in any named operations, campaigns, or deployments.

7.  Defense Finance and Accounting Service (DFAS) records show she received hostile fire/imminent danger pay and combat zone tax exclusion for Kuwait from 12 November 2004 through 21 December 2004.

8.  A review of her records indicates she is entitled to additional awards which are not shown on her DD Form 214.

9.  Army Regulation 635-5 (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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

	a.  Paragraph 2-4h(13) states that item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 lists awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records.

	b.  Paragraph 2-4h(18) states that item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service.

10.  Army Regulation 600-8-22 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 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 50 states of the United States and outside 200 nautical miles of the shores of the United States.

11.  Army Regulation 600-8-22 further states that for award of the GWOTEM, 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 one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE, or (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.

12.  Army Regulation 600-8-22 states the NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses, including PLDC.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she deployed to Kuwait from 12 November 2004 through 21 December 2004.  She served a qualifying period of service for award of the GWOTEM; therefore, she is entitled to correction of her DD Form 214 to show this award.  Additionally, her DD Form 214 should be corrected to show the period of her deployment.
2.  Additionally, her records show she completed PLDC; therefore, she is entitled to correction of her DD Form 214 to show award of the Noncommissioned Officer Professional Development Ribbon.

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:

* amending item 13 of her DD Form 214 to add the GWOTEM and the NCO Professional Development Ribbon
* amending item 18 of her DD Form 214 to add "SERVICE IN KUWAIT FROM 20041112 - 20041221"




      _______________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)                                         AR20100014579



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ABCMR Record of Proceedings (cont)                                         AR20100028985



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