IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110008096
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) for the ending period 2 November 2003 to show the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM).
2. She states, in effect, that the above awards were omitted from her DD Form 214 after returning from deployment.
3. She provides her DD Form 214.
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 2 May 1996 and was awarded military occupational specialty 71L (Administrative Specialist).
3. On 2 November 2003, she was honorably separated from active duty.
4. Item 12f (Foreign Service) of his DD Form 214 shows the entry Year(s) "0000" Month(s) "00" and Day(s) "00." Item 13 Item (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the GWOTEM or the GWOTSM and item 18 (Remarks) does not reflect a unit deployment.
5. The applicant's military service records do not contain documentation showing award of the GWOTEM or the GWOTSM.
6. On 6 July 2011, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in a combat zone and received hostile fire pay (HFP) in Qatar for the periods 21 November 2002 through 20 December 2002 and 20 January 2003 through 18 April 2003.
7. Army Regulation 600-8-22 (Military Awards) states the 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.
8. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a number of designated specific geographic areas of eligibility (AOE), including Qatar:
9. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the GWTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty 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.
10. 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 for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
11. Army Regulation 635-5 states, in item 18, for an active duty Soldier deployed 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 applicants DD Form 214 does not show service in Qatar. However, DFAS confirmed she served in Qatar for the periods 21 November 2002 through
20 December 2002 and 20 January 2003 through 18 April 2003.
2. The evidence provided by DFAS is accepted as sufficient to show she served in Qatar for the periods 21 November 2002 through 20 December 2002 and 20 January 2003 through 18 April 2003. Therefore, item 12f of her DD Form 214 should be amended to show Year(s) "000" Month(s) "03" and Day(s) "29" and item 18 should be corrected to show "SERVICE IN QATAR--20021121 THROUGH 20021220 AND 20030120 THROUGH 20030418.
3. Based on her service on or after 11 September 2001, the applicant is entitled to award of the GWOTSM. Based on her service in Qatar, she is entitled to award of the GWOTEM. These awards should be added to 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:
a. adding in item 12f of her DD Form 214 the entry Year(s) "000" Month(s) "3" and Day(s) "29";
b. adding the following awards to item 13 of her DD Form 214:
* GWOTEM
* GWOTSM
c. adding "SERVICE IN QATAR FROM 20021121 - 20021220 AND 20030120 - 20030418 in item 18 of her DD Form 214.
____________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) AR20110008096
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ABCMR Record of Proceedings (cont) AR20110008096
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