IN THE CASE OF:
BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110018306
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 all awards and decorations to which she may be entitled for her service in Afghanistan be added to her DD Form 214 (Certificate of Releaser or Discharge from Active Duty) for the period ending 9 September 2003.
2. The applicant states she was deployed to Afghanistan from 20 February 2003 to 6 August 2003.
3. The applicant provides her DD Form 214 for the period ending 9 September 2003.
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 was ordered to active duty from the U.S. Army Reserve on
3 January 2003 in support of Operation Enduring Freedom. She was released from active duty on 9 September 2003.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for the period ending 9 September 2003 shows the:
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
4. Item 18 (Remarks) of this DD Form 214 shows she served in Afghanistan from 20 February 2003 to 6 August 2003.
5. 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)
6. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (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 areas of eligibility (AOE) 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 days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. Item 18 of the applicant's DD Form 214 for the period ending 9 September 2003 shows she served in Afghanistan from 20 February 2003 to 6 August 2003. Based on her service in Afghanistan, she is entitled to the Afghanistan Campaign Medal with one bronze service star. Therefore, her DD Form 214 for the period ending 9 September 2003 should be corrected to show this medal.
2. She served a period of qualifying service for the GWOTSM. Her DD Form 214 should be corrected to show this 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 adding the Afghanistan Campaign Medal with one bronze service star and GWOTSM to item 13 of her DD Form 214 for the period ending 9 September 2003.
_______ _ 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) AR20110018306
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ABCMR Record of Proceedings (cont) AR20110018306
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