IN THE CASE OF:
BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20110024540
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 records be corrected to show award of the appropriate medals for participation during Operation Iraqi Freedom/Enduring Freedom in addition to her award of the Global War on Terrorism Service Medal.
2. The applicant states the awards were authorized after she was separated, but she served during the period they were authorized.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. On 8 November 1995, the applicant enlisted in the Regular Army and she was awarded military occupational specialty 42L (Administrative Specialist).
3. Her Noncommissioned Officer Evaluation Reports, dating from August 2000 through March 2004, show she served in an administrative support position with the North Atlantic Treaty Organization (NATO) in Europe. During her last two reporting periods she performed duties in support of the NATO command for the Balkans.
4. The applicant's DD Form 214 shows 2 years, 10 months, and 16 days of foreign service but does not show any service in support of Operation Iraqi Freedom/Enduring Freedom. It lists her authorized awards as: the Joint Service Commendation Medal (2nd Award), Army Commendation Medal, Army Achievement Medal (2nd Award), National Defense Service Medal (2nd Award), Global War on Terrorism Service Medal, Noncommissioned Officer's Professional Development Ribbon with Numeral 2, and the Army Service Ribbon.
5. A review of her pay records does not show she was assigned to duties in an area for which hazardous duty/imminent danger pay was authorized.
6. The applicant's official military service record contains no evidence that she was deployed or served in support of Operation Iraqi Freedom or Operation Enduring Freedom.
7. Army Regulation 15185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served in an administrative support position with NATO in Europe. There is no evidence that she served in support of Operation Iraqi Freedom/Enduring Freedom.
2. There is also no evidence that show the applicant is entitled to any additional awards or decorations. Therefore, the evidence is insufficient for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20110024540
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ABCMR Record of Proceedings (cont) AR20110024540
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