IN THE CASE OF:	  

		BOARD DATE:	  28 February 2012

		DOCKET NUMBER:  AR20110015929 


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, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her service in Afghanistan and that she is authorized the Army Achievement Medal (2nd Award).

2.  The applicant states, in effect, her deployment dates and overseas service is not shown on her DD Form 214.

3.  The applicant provides no additional 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 enlisted in the Regular Army on 10 March 2000.  She completed training as an administrative specialist.

3.  After completing 3 years of net active service this period, she was released from active duty (REFRAD) on 9 March 2003, at the completion of her required active service.

4.  Item 12f (Foreign Service) shows she had 1 year of foreign service.

5.  Item 13 (Decorations, medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:

* Army Commendation Medal (Second Award)
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Bar
* Overseas Service Ribbon (Second Award)

6.  Item 18 (Remarks) on her DD Form 214 does not show the dates or place of her foreign service.

7.  A review of the applicant's official record does not show she was ever awarded the Army Achievement Medal (Second Award).

8.  Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that per the applicant's master military pay account, she received hostile fire/imminent danger pay for service in Uzbekistan from 11 May through 30 May 2002 and for service in Afghanistan from 1 June through 20 December 2002.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge.  It states 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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.  Only deployment in an imminent danger/hostile fire zone will be reflected.

10.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

11.  Army Regulation 600-8-22 (Military Awards) states 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 the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  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 Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  The available evidence shows she served in Uzbekistan/Afghanistan while on active duty during the period 10 March 2000 through 9 March 2003.

3.  Her DD Form 214 should be amended to show her dates of service in Uzbeckistan/Afghanistan. 

4.  Although there is no evidence in the available record showing she is authorized the Army Achievement Medal (2nd Award), the available evidence does show she is authorized the Afghanistan Campaign Medal with two bronze service stars and the Global War on Terrorism Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  _____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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, dated 9 March 2004, to add:

* Item 13 – Afghanistan Campaign Medal with two bronze service stars                        Global War on Terrorism Service Medal
* Item 18 – "SERVICE IN UZBEKISTAN FROM 20020511-                 20020530//SERVICE IN AFGHANISTAN FROM 20020531-20021220"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending her DD Form 214 to show she is authorized the Army Achievement Medal (2nd Award).




      _______ _   _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)                                         AR20110015929



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ABCMR Record of Proceedings (cont)                                         AR20110015929



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