BOARD DATE:	  6 August 2013

		DOCKET NUMBER:  AR20130001336 


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 show:

* her service in Afghanistan
* award of the –

* Afghanistan Campaign Medal (ACM)
* Overseas Service Ribbon (OSR)
* North Atlantic Treaty Organization (NATO) Medal

2.  The applicant states the awards were listed on the DD Form 214 Work Sheet (WS) but not the foreign service.  She adds that the awards and foreign service are not shown on her official DD Form 214.

3.  The applicant provides:

* DD Form 214
* DD Form 214 WS
* Army Human Resources System (AHRS) Soldier Deployment History Outprocessing Report
* AHRS Electronic Military Personnel Office (eMILPO) Individual Awards – Listing
* deployment orders


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.  The applicant enlisted in the Regular Army on 11 June 2003.  Upon completion of initial entry training, she was awarded military occupational specialty 21E (Heavy Construction Equipment Operator).

3.  Her Soldier Deployment History Outprocessing Report shows she was deployed for the purpose of war from 24 March 2006 through 1 April 2007 for a period of 373 days (1 year and 8 days).

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 4 April 2006 through 31 March 2007.

5.  An Army Commendation Medal (ARCOM) Certificate shows she was awarded the ARCOM for meritorious service from 10 October 2003 through 2 March 2007 by 20th Engineer Brigade Permanent Order Number 127-026, dated 7 May 2007.

6.  There are no orders or other evidence in her available military records that show she was awarded the NATO Medal.

7.  She was honorably released from active duty on 6 July 2007.  Her DD Form 214 shows in:

	a.  block 12 (Foreign Service), the entry "0000  00  00" indicating no foreign service performed;

	b.  block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Clasp

	c.  block 18 (Remarks), no deployment entry.

8.  She provides a DD Form 214 WS which includes the ACM, OSR, and NATO Medal in block 13 in addition to the awards shown on her DD Form 214.

9.  She also provides an AHRS eMILPO Individual Awards – Listing which shows she is authorized the ACM.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The ACM is awarded to members who 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 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 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)

	b.  The NATO Medal was authorized by the NATO Secretary-General for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.

	c.  The Army Service Ribbon (ASR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for award of the ASR upon successful completion of initial entry training.

	d.  The OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for award of the OSR for successful completion of overseas tours.

11.  According to the U.S. Army Human Resources Command Awards Branch, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provides standardized policy for preparation of the DD Form 214.  It states for:

	a.  block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and

	c.  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)."

DISCUSSION AND CONCLUSIONS:

1.  Her Soldier Deployment History Outprocessing Report shows she was deployed for the purpose of war from 24 March 2006 through 1 April 2007 (1 year and 8 days) and DFAS records confirm she received HFP/IDP and CZTE from 4 April 2006 through 31 March 2007.  While the Soldier Deployment History Outprocessing Report and DFAS dates of service are slightly different, the dates of service shown on the Soldier Deployment History Outprocessing Report should be used to document the total amount of foreign service performed in block 12f of her DD Form 214 and to correct block 18 of her DD Form 214 to show her dates of service in Afghanistan.

2.  Permanent orders awarded her the ARCOM for meritorious service from 10 October 2003 through 2 March 2007.  Therefore, her DD Form 214 should be corrected to show this award.

3.  Based on her service in Afghanistan from 24 March 2006 through 1 April 2007 and participation in two campaigns, she is authorized the ACM with two bronze service stars and correction of her DD Form 214 to show this award.

4.  She served over 9 consecutive months in Afghanistan.  Therefore, she met the criteria for the OSR.  Her DD Form 214 should be corrected to show this award.

5.  She served a period of qualifying service for award of the ASR.  This award should be added to her DD Form 214.

6.  There is no evidence in her available military records showing she was awarded the NATO Medal.  Therefore, there is no basis to grant this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  adding the entry "0001  00  08" to block 12f of her DD Form 214;

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

* ARCOM
* ACM with two bronze service stars
* OSR
* ASR

	c.  adding the entry "SERVICE IN AFGHANISTAN FROM 20060324-20070401" to block 18 of her DD Form 214.

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 to award of the NATO Medal.



      _________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)                                         AR20130001336



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ABCMR Record of Proceedings (cont)                                         AR20130001336



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