BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110004724 


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 foreign service in support of Operation Enduring Freedom (OEF) from December 2001 through May 2002. 

2.  She states the information pertaining to her foreign service was omitted from her DD Form 214.   

3.  The applicant did not provide any evidence. 

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 served honorably in the Regular Army (RA) from 14 June 1996 until she was separated for immediate reenlistment on 14 February 2000.  She served in military occupational specialty 91W (Medical Specialist).  

3.  On 15 February 2000, she reenlisted in the RA for an additional 3 years. 
On 3 February 2002, while assigned to Camp Doha, Kuwait she signed a Declination of Continued Service Statement.

4.  She was honorably released from active duty on 14 February 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining service obligation.  The DD Form 214 she was issued shows she completed 6 years, 8 months, and 1 day of creditable active military service.  This form further shows the following entries:

* item 12f (Foreign Service) - "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Noncommissioned Officers Professional Development Ribbon
* Army Service Ribbon 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

* item 18 (Remarks) does not list service in a designated hostile fire pay (HFP)/imminent danger pay (IDP area

5.  An email from the Defense Finance and Accounting Service, dated 1 June 2011, shows she received HFP/IDP and combat zone tax exclusion for service in Kuwait from 15 December 2001 to 1 May 2002.

6.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal 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 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 this award.  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.

7.  Army Regulation 600-8-22 also states the Global War on Terrorism Service Medal (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.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  Item 12f is obtained from the Enlisted/Officer Record Brief and shows the total amount of foreign service completed during the period covered by the DD Form 214.  Additionally, 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-YYYMMDD)" is entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 4 months and 17 days of foreign service in Kuwait. 
As a result, she is entitled to correction of item 12f of her DD Form 214 to show this service.  She is also entitled to correction of item 18 to show her dates of service in Kuwait.

2.  The above period of service also entitles her to award of the GWOTEM and GWOTSM and to have these awards added to item 13 of her DD Form 214.

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 amending her DD Form 214 as follows:

* deleting the entry in item 12f and adding "0000  04   17"
* adding to item 13 the GWOTEM and GWOTSM
* adding to item 18 the entry "SERVICE IN KUWAIT FROM 20011215-20020501"




      _______ _   _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)                                         AR20110004724



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004724



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1