IN THE CASE OF:	  

		BOARD DATE:	    8 March 2012

		DOCKET NUMBER:  AR20110017894 


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 reflect her deployment to Afghanistan and her awards.  She also requests an upgrade of her general discharge under honorable conditions to honorable.

2.  The applicant states her DD Form 214 does not reflect her deployment to Afghanistan or her authorized awards.

3.  The applicant provides a copy of 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 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's request for an upgrade of her discharge was forwarded to the Army Discharge Review Board for action.  Therefore, this portion of her request will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Mississippi Army National Guard on 23 February 2000.  She was discharged on 12 September 2000 due to entry-level performance and conduct.  Her service was uncharacterized.

4.  She enlisted in the Regular Army with a waiver in Nashville, Tennessee, on 2 November 2000 for a period of 3 years and training as an administrative specialist.  She completed one-station unit training at Fort Jackson, South Carolina, and was transferred to Fort Dix, New Jersey, for assignment to the 63rd Ordnance Battalion.

5.  She deployed to Afghanistan from 27 August 2002 through 1 February 2003 (5 months and 5 days) and returned to Fort Dix where she remained until she was discharged under honorable conditions due to misconduct on 25 July 2003 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b.  She completed 2 years, 8 months, and 24 days of active service.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 issued at the time of her discharge reflects that she was awarded the Army Achievement Medal, National Defense Service Medal, and Army Service Ribbon.  Her DD Form 214 reflects no foreign service or deployments.

6.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  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 2006-30 November 2009)
* Consolidation III (1 December 2009-30 June 2011)
* Transition I (1 July 2011-to be determined)

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 areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, 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 or 60 nonconsecutive days are authorized the GWOTSM.

8.  Army Regulation 635-5 (Separation Documents) prescribes the procedures for completing 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:

	a.  for block 12f (Foreign Service) to enter the total amount of foreign service completed during the period covered by the DD Form 214 and

	b.  for block 18 to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her deployment to Afghanistan and her awards  should be added to her DD Form 214 has been noted and found to have merit.

2.  The applicant deployed to Afghanistan during the period 27 August 2002 through 1 February 2003 (5 months and 5 days).  Accordingly, her deployment should be added to block 18 of her DD Form 214 and her foreign service should be added to block 12f of her DD Form 214.

3.  The applicant also served during a qualifying period for awards of the Afghanistan Campaign Medal with one bronze service star and the GWOTSM.  Accordingly, these medals should be added to her DD Form 214 at this time.

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:

* deleting the entry "0000  00  00" from block 12f of her DD Form 214
* adding the entry "0000  05  05" to block 12f of her DD Form 214
* adding awards of the Afghanistan Campaign Medal with one bronze service star and the GWOTSM to block 13 of her DD Form 214
* adding the entry "SERVICE IN AFGHANISTAN FROM 20020827-20030201" to block 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)                                         AR20110017894



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ABCMR Record of Proceedings (cont)                                         AR20110017894



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