IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110014108
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 1 October 2003 be corrected to show any campaign medal she is authorized as a result of her deployment in support of Operation Iraqi Freedom.
2. The applicant states her unit had not received any authorizations for campaign awards before her discharge.
3. The applicant provides no additional evidence in support of her application.
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. She enlisted in the Regular Army on 3 February 1998. She completed basic combat and advanced individual training and was awarded military occupational specialty 54B (Chemical Operations Specialist). She reenlisted on 15 April 2000.
3. Her history of assignments was not available for review.
4. On 1 October 2003, she was discharged. She completed 5 years, 7 months, and 29 days of active service that was characterized as honorable. Her
DD Form 214 contained the following entries:
a. Item 12c (Net Active Service This Period) - 005 07 29 (5 years, 7 months, and 29 days.
b. Item 12f (Foreign Service) - 0000 00 00 (zero years, months and days).
c. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows she was awarded or is authorized the:
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button
d. Item 18 (Remarks) contains an entry stating she served in Uzbekistan and Pakistan from 18 October 2001 to 1 May 2002.
5. Army Regulation 635-5 (Separation Documents) directs that foreign service, taken from the enlisted record brief/officer record brief performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in Item 12f.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE) that included Pakistan and Uzbekistan.
b. The Global War on Terrorism Service Medal 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 Global War on Terrorism Expeditionary 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 Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The entry Item 18 of her DD Form 214 showing she served in Uzbekistan and Pakistan indicates she had 6 months and 14 days of foreign service. Therefore, Item 12f of her DD Form 214 should be corrected to show 0000 06 14 (zero years, 6 months, and 14 days).
2. Based on her service in Uzbekistan and Pakistan, she is authorized the Global War on Terrorism Expeditionary Medal.
3. She returned from the AOE on 1 May 2002 and wasn't discharged until
1 October 2003. Therefore, she is authorized the Global War on Terrorism Service Medal.
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 making the following corrections to her DD Form 214 with a separation date of
1 October 2003:
a. change Item 12f to read 0000 06 14; and
b. amend Item 13 to include the:
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
_______ _ 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) AR20110014108
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ABCMR Record of Proceedings (cont) AR20110014108
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