IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110019500 


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 that her deployment to Afghanistan be included on her DD Form 214 (Certificate of Release or Discharged from Active Duty).

2.  The applicant states her period of service in Afghanistan, 5 April 2005 - 15 June 2005, was omitted from her DD Form 214 by the personnel in Kaiserslautern, Germany.

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.  With prior enlisted service in the Army National Guard, the applicant enlisted in the Regular Army on 31 March 2004 for a period of three years in military occupational specialty 92A (automated logistical specialist).

3.  The applicant was subsequently assigned for duty in Germany on 12 April 2004.  She was honorably released from active duty on 30 March 2007 at the completion of required active service.  She was transferred to a U.S. Army Reserve (USAR) unit to complete her remaining service obligation.

4.  Her interactive Personnel Electronic Records Management System (iPERMS) file does not show her specific periods and locations of service.

5.  Her DD Form 214 does not document any service in Afghanistan.

6.  However, the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan during the period 6 April through 11 May 2005, a period of 1 month and 6 days.

7.  Block 13 (Decorations, Medals, Badges, Citations and Campaign ribbons awarded or Authorized) of the applicant's DD Form 214 for this period of service shows she was awarded the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

8.  There is no evidence of any disciplinary or derogatory actions on the applicant during her period of active service.  There is also no evidence of a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the 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 an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  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 - 30 November 2009)
* Consolidation III  (1 December 2009 - 30 June 2011)
* Transition I (1 July 2011 - date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  Although there is no evidence of the applicant's service in Afghanistan in her iPERMS file, DFAS confirmed she received HF/IDP and CZTE for service in Afghanistan from 6 April through 11 May 2005.  Therefore, block 18 of her
DD Form 214 should be corrected accordingly.

2.  As a related issue, based on her service in Afghanistan she is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of her DD Form 214 to show this award.

3.  Additionally, there is no evidence of any disciplinary or derogatory information or a commander's disqualification in the available records that would have precluded her from being awarded the first award of the Army Good Conduct 

Medal.  Therefore, it would be appropriate at this time to award her the Army Good Conduct Medal (1st Award) and to correct her DD Form 214 to show this award.

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:

	a.  awarding her the Army Good Conduct Medal (1st Award) for the period
31 March 2004 through 30 March 2007;

	b.  adding to block 13 of her DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Afghanistan Campaign Medal with one bronze service star

	c.  adding to block 18 of her DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20050405 – 20050511."

2.  The Board further determined that the evidence presented was 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 served in Afghanistan from 5 April 2005 to 15 June 2005. 



      ____________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)                                         AR20110019500



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ABCMR Record of Proceedings (cont)                                         AR20110019500



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