IN THE CASE OF:	  

		BOARD DATE:	   12 November 2013

		DOCKET NUMBER:  AR20130005325


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 deployed service in an unspecified combat zone.  

2.  The applicant states she is seeking treatment for mental conditions; however, her combat status is constantly being questioned, or not considered, because her combat service is not listed on her DD Form 214.  She states she informed her psychiatrist about her deployed service; however, he didn't believe her.  Without this correction, she will be unable to get the benefits she deserves as a combat veteran.

3.  The applicant provides her monthly Leave and Earnings Statements (LES) for the period February 2000 through October 2000.

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.  On 9 November 1983, the applicant enlisted in the Regular Army.  She completed her initial entry training and was awarded military occupational specialty (MOS) 76J (Medical Supply Specialist).  

3.  She served through numerous periods of reenlistment or extension, in positions of increased responsibility in stateside and overseas locations, and attained the rank/grade of staff sergeant (SSG)/E-6.

4.  On 30 November 2003, she was honorably retired from the Army at the conclusion of 20 years and 22 days of faithful and honorable service.  

   a. Item 12f (Foreign Service) of her DD Form 214 shows she served 3 years and 10 months of foreign service.

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show she was awarded or authorized any combat ribbons or decorations.

   c. Item 18 (Remarks) of her DD Form 214 does not show she deployed in support of any named operations.

5.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 17 April 2013, confirms she received hostile fire (HF)/ imminent danger pay (IDP) and combat zone tax exclusion (CZTE) during the periods:

* 21 February through 26 February 2000, for service in Bosnia-Herzegovina
* 1 March through 4 March 2000, for service in Croatia
* 11 June through 11 June 2000, for service in Croatia
* 13 July through 13 July 2000, for service in Croatia
* 19 August through 2 October 2000, for service in Bosnia-Herzegovina

6.  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 that 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 (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

7.  A review of her records indicates she is entitled to additional awards which are not shown on her DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Operation Joint Forge, during the period 21 June 1998 to a date to be determined.  Award of the AFEM is limited to those participating in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia.  

DISCUSSION AND CONCLUSIONS:

The applicant served in Bosnia-Herzegovina and Croatia during multiple periods during the 2000 calendar year.  Therefore, she is entitled to correction of her DD Form 214 to show these deployed periods.  Additionally, her service in Bosnia-Herzegovina and Croatia during Operation Joint Forge entitles her to the AFEM, which is not shown on her DD Form 214.  Accordingly, she is entitled to correction of her DD Form 214 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 the evidence presented is 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. Amending item 13 of her DD Form 214 to add the AFEM; and

b. Amending item 18 of her DD Form 214 to add the entries:

* "SERVICE IN BOSNIA-HERZEGOVINA FROM 20000221 – 20000226"
* "SERVICE IN BOSNIA-HERZEGOVINA FROM 20000819 – 20001002"
* "SERVICE IN CROATIA FROM 20000301 – 20000304"
* "SERVICE IN CROATIA FROM 20000611 – 20000611"
* "SERVICE IN CROATIA FROM 20000713 – 20000713"
 



      ______________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)                                         AR20110008018



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ABCMR Record of Proceedings (cont)                                         AR20130005325



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