IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019039
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 dates of deployment to Kuwait.
2. The applicant states her DD Form 214 does not reflect her deployment to Kuwait from 27 December 2002 to 1 June 2003.
3. The applicant provides her:
* Army Achievement Medal (AAM) Certificate for the period 27 December 2002 to 15 January 2003
* Army Commendation Medal (ARCOM) Certificate for the period
22 February 2003 to 1 June 2003
* DA Form 2166-8 (NCO (Noncommissioned Officer) Evaluation Report (NCOER)) for the period January 2003 through December 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 enlisted in the Regular Army on 14 January 1985 for a period of 3 years. She completed training and she was awarded military occupational specialty (MOS) 94B (food service specialist) at Fort Jackson, SC.
3. She continued to serve through a series of continuous reenlistments and she was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 January 1998.
4. The awards certificates provided by the applicant shows she was awarded the AAM for exemplary performance in support of Operation Enduring Freedom (OEF) from 27 December 2002 to 15 January 2003. She was also awarded the ARCOM for exemplary achievement during Operation Iraqi Freedom (OIF) from 22 February to 1 June 2003.
5. On 31 January 2005, she was retired by reason of sufficient service for retirement and she was transferred to the Retired List in the rank/grade of SSG/E-6 effective 1 February 2005. She served 20 years and 17 days of creditable active service. The DD Form 214 she was issued at the time shows she deployed to Southwest Asia during the period of 19901031 - 19910417. However, it does not reflect her deployment to Kuwait.
6. 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 that for block 18, for an active duty Soldier deployed to a foreign country 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)."
7. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (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, including Kuwait.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 should be corrected to reflect her deployment to Kuwait has been noted and found to have merit.
2. The evidence of record shows the applicant served in Kuwait from
27 December 2002 to 1 June 2003; therefore, her DD Form 214 should be corrected to show this deployment.
3. Additionally, the applicant served during a qualifying period for entitlement to the GWOTEM. Therefore, her DD Form 214 should be corrected to show this award.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding to item 13 of her DD Form 214 the Global War on Terrorism Expeditionary Medal, and
b. adding to item 18 of her DD Form 214 the entry Service in Kuwait From 20021227 20030601.
2. The Board wants the applicant and all others to know that the sacrifices she made in service to the United States during the Global War on Terrorism are
deeply appreciated. The applicant and all Americans should be justifiably proud of her service in arms.
____________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) AR20110019039
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ABCMR Record of Proceedings (cont) AR20110019039
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