BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20130000596
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 Item 12f (Foreign Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states she would like her DD Form 214 corrected to show she served in Kandahar, Afghanistan, from 28 February 2010 through 13 April 2010.
3. The applicant provides copies of her deployment orders, a Letter of Release from Theater memorandum, and her DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 July 2007. She completed training and was awarded military occupational specialty 91B (Wheeled Vehicle Mechanic).
2. She provides copies of the following:
a. Orders 020-402 issued by Headquarters, U.S. Army Garrison, Military Personnel Division Reassignment, on 20 January 2010, assigning her to Kandahar, Afghanistan in support of Operation Enduring Freedom (OEF) for 152 days with a reporting date of 28 February 2010.
b. A Letter of Release from Theater memorandum, dated 13 April 2010, releasing her from the Afghanistan theater effective 13 April 2010.
3. She was honorably discharged from active duty, in pay grade E-4, on 30 August 2010. She completed 3 years, 1 month, and 25 days of net active service with no time lost.
4. Her DD Form 214 shows in:
* Item 12f no service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Army Service Ribbon
* Item 18 (Remarks) does not show she served in an imminent danger pay area
5. There is no evidence of disciplinary actions or a commander's disqualification that would have precluded her from being awarded the first award of the Army Good Conduct Medal.
6. A staff member of the Defense Finance and Accounting Service, Indianapolis, IN, verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Afghanistan from 5 March 2010 through 15 April 2010, a period of 1 month and 11 days.
7. 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 preparation of the DD Form 214. It states that for:
* Item 12, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"
8. 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. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.
c. The Afghanistan Campaign Medal is awarded to members who served in direct support of 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 11 September 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 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)
DISCUSSION AND CONCLUSIONS:
1. The applicant's pay records confirm she served in Afghanistan from 5 March 2010 through 15 April 2010. Therefore, Item 12f of her DD Form 214 should be corrected to show 1 month and 11 days of foreign service. Item 18 of her DD Form 214 should also be corrected to show the entry "SERVICE IN AFGHANISTAN FROM 20100305-20100415."
2. There is no evidence of record and she provided insufficient evidence to show she served in Afghanistan prior to 5 March 2010. Therefore, she is not entitled to correction to DD Form 214 to show she served in an imminent danger pay area prior to the dates confirmed by DFAS.
3. There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the Army Good Conduct Medal (1st Award). It appears the applicant not receiving this award was an administrative oversight. Therefore, it would be appropriate at this time to award her the Army Good Conduct Medal (1st Award) for the period 6 July 2007 through 5 July 2010 and correct her DD Form 214 to show this award.
4. Records confirm the applicant served during a qualifying period of service for award of the Global War on Terrorism Service Medal and Afghanistan Campaign Medal with one bronze service star. Therefore, her DD Form 214 should be corrected to show these awards.
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. deleting from Item 12f of her DD Form 214 the entry "0000-00-00" and replacing it with the entry "0000-01-11";
b. adding to Item 18 of her DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20100305-20100415";
c. awarding her the Army Good Conduct Medal (1st Award) for the period 6 July 2007 through 5 July 2010; and
d. adding to her DD Form 214 the Army Good Conduct Medal (1st Award), Global War on Terrorism Service Medal, and Afghanistan Campaign Medal with one bronze service star.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains showing she served in Afghanistan prior to 5 March 2010.
_______ _ 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) AR20130000596
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