IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110023147
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) for the period ending 30 November 2003, to show award of the Army Commendation Medal (ARCOM), Global War on Terrorism Service Medal (GWOTSM) and Global War on Terrorism Expeditionary Medal (GWOTEM) as well as her foreign service in support of Operation Enduring Freedom (OEF).
2. The applicant states, in effect, after she was honorably released from active duty in November 2003, the military personnel office failed to add the documents and information on her DD Form 214. She further states she first noticed the information was missing when she joined the Army National Guard and was preparing for promotion.
3. The applicant provides:
* DA Form 4187 (Personnel Action)
* Permanent Order 123-00041
* Annex to Permanent Order 123-00041
* ARCOM Certificate
* Two Certificates of Achievement
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 13 January 1998. She completed training and was awarded military occupational specialty 92M (Mortuary Affairs Specialist). She attained the rank/grade of sergeant E-5 and she was assigned to Fort Lee, VA.
2. On 30 November 2003, she was honorably released from active duty under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations) and transferred to the U.S. Army Reserve Control Group (Reinforcement). She completed 5 years, 10 months, and 18 days of creditable military service. Her DD Form 214 shows in:
* Item 12f (Foreign Service) - "0000 00 00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the:
* Army Lapel Button
* Army Good Conduct Medal
* National Defense Service Ribbon
* Noncommissioned Officers Professional Development Ribbon
* Army Service Ribbon
* Item 18 (Remarks) does not show service in a hazardous fire/imminent danger pay (HF/IDP) area
3. Item 9 (Awards, Decorations and Campaigns) of her DA Form 2-1 (Personnel Qualification Record Part II) shows she was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 11 December 2000.
4. Permanent Orders 072-009, issued by the Joint Logistics Command, on 10 December 2002, awarded her the ARCOM for meritorious achievement while deployed to Uzbekistan in support of OEF from 27 May 2002 to 15 December 2002.
5. The applicant provides Permanent Order 123-00041, issued by U.S. Army Combined Arms Support Command and Fort Lee, Fort Lee, VA, dated 3 May 2002, and Annex to Permanent Order 123-00041, dated 13 May 2002, which shows the applicant was placed on unit deployment in support of OEF effective 28 May 2002, with assignment to Uzbekistan.
6. Army Regulation 600-8-22 (Military Awards) states the 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 designated for award of the GWOTEM, 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. The GWOTSM may be awarded posthumously. Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.
7. Army Regulation 600-8-22 states the 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 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. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for:
* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 18 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 Deployed) From YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of her DD Form 214 for the period ending 30 November 2003, to show award of the ARCOM, GWOTSM and GWOTEM as well as her foreign service in support of OEF has been carefully reviewed and found to have merit.
2. Permanent Orders awarded her an ARCOM for meritorious achievement while deployed to Uzbekistan in support of OEF from 27 May 2002 to 15 December 2002. Therefore, she is entitled to correction of her DD Form 214 to show this award.
3. The evidence of record shows the applicant served on active duty from 13 January 1998 to 30 November 2003. Therefore, she served a qualifying period for award of the GWOTSM and is entitled to correction of her records to show this award.
4. The applicant served a qualifying period in Uzbekistan from 27 May 2002 through 15 December 2002, as evidenced by her deployment orders and subsequent award of the ARCOM. Therefore, she is entitled to correction of her records to show the GWOTEM.
5. Her service in Uzbekistan is not in question. Her exact dates of service remain problematic. Her total foreign service based on her ARCOM equates to 6 months and 19 days. Nevertheless, her ARCOM is the only available record that confirms her foreign service. Therefore, in the absence of additional documentary evidence which shows the exact dates of her foreign service, it should be presumed her award is correct therefore entitling her to correction of her DD Form 214 to show her foreign service based the dates listed on her ARCOM.
6. Evidence shows she was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 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:
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 12f of her DD Form 214 the entry 00 06 19;
b. adding to item 13 of her DD Form 214 award of the ARCOM, GWOTSM, and the GWOTEM, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and
c. adding to item 18 of her DD Form 214 the statement "SERVICE IN UZBEKISTAN FROM 200205027-20021215."
_______ _ 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) AR20110023147
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