BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130010362 


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 of correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 November 2003 to show her:

* correct entry date on active duty
* home of record (HOR) as Eight Mile, AL

2.  The applicant states:

* the DD Form 214 she received after serving in Operation Enduring Freedom has the incorrect HOR
* she has never heard of or lived at the address on the DD Form 214 in question
* she lives in the State of Alabama and receives a disability percentage that allows her children to go to college for free
* she has been living in Alabama for over 14 years and she enlisted in the U.S. Army Reserve in the State of Alabama

3.  The applicant provides:

* Orders Number M-304-0002, issued by the 81st Regional Support Command, Birmingham, AL, dated 31 October 2002
* Orders Number 02-303-00019, issued by Headquarters, 81st Regional Support Command, Birmingham, AL, dated 30 October 2002
* DD Form 214 for the period ending 2 November 2003
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 12 August 1993.  Item 3 (HOR) of her DD Form 4 (Enlistment/Reenlistment Document) shows an address in Gretna, LA.

3.  On 12 December 1996, she reenlisted for a 2-year period.  Item 3 (HOR) of her DD Form 4 shows an address in Gretna, LA.

4.  On 15 September 1997, she was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve (IRR)).  Item 7b (HOR at the Time of Entry) of her DD Form 214 shows an address in Gretna, LA.

5.  Orders Number C-01-802138, issued by U.S. Army Reserve Personnel Command, St. Louis, MO, dated 20 January 1998, reassigned her to a troop program unit effective 14 January 1998.

6.  Orders Number 131-3, issued by Headquarters, 377th Theater Army Area Command, New Orleans, LA, dated 11 May 1998, reassigned her to the U.S. Army Reserve Control Group (Annual Training) effective 11 May 1998.

7.  On 23 July 1999, the applicant enlisted in the Army National Guard of the United States for a 4-year period.  Item 3 of her DD Form 4 shows an address in Harvey, LA.

8.  Item 4 (HOR Address) of her DD Form 1966/1 (Record of Military Processing) shows an address in Harvey, LA.

9.  Orders Number 003-024, issued by Headquarters, Louisiana National Guard, Office of the Adjutant General, New Orleans, LA, dated 3 January 2001, discharged her from the Army National Guard and assigned her to the U.S. Army Reserve Control Group (IRR) effective 15 January 2001.

10.  Orders Number C-05-214141, issued by the U.S. Army Reserve Personnel Command, St. Louis, MO, dated 23 May 2002, released her from the U.S. Army Reserve Control Group (Reinforcement) and transferred her to the 1184th Transportation Company in Mobile, AL effective 23 May 2002.

11.  Headquarters, 81st Regional Support Command, Birmingham, AL issued the following orders:

* Orders Number 02-295-00004, dated 22 October 2002, reassigning her to the 508th Transportation Company (Movement Control Detachment), Panama City, FL effective 22 October 2002
* Orders Number 02-303-00019, dated 30 October 2002, reassigning her to the 1184th Transportation Company (Transportation Terminal), Mobile, AL effective 30 October 2002
* Orders Number M-304-0002, dated 31 October 2002, ordering her to active duty in support of Operation Enduring Freedom for a period of 365 days effective 2 November 2002

12.  Orders Number M-304-0002, dated 31 October 2002, show her HOR as Eight Mile, AL.

13.  The applicant provides a corrected copy of Orders Number M-304-002, dated 31 October 2002, which shows she was ordered to active duty on 3 November 2002.  She also provides a copy of a DD Form 214 for the period 12 August 1993 through 2 November 2003.  This DD Form 214 is not filed in her record in the interactive Personnel Electronic Records Management System (iPERMS) and shows in:

* Item 7b, an address in Houston, TX
* Item 12a (Date Entered Active Duty this Period), the entry "1993  08  12"
* Item 12c (Net Active Service This Period), the entry "0010  02  21"
* Item 12f (Foreign Service), the entry "0000  00  00"
* Item 18 (Remarks), service in Kuwait from 11 November 2002 through 29 May 2003

14.  Army Regulation 601-280 (Army Retention Program), Table 11-1 states the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day.  Only if a break in service exceeds 1 full day can the HOR be changed by the member.

15.  The Joint Federal Travel Regulation provides that the HOR is the place recorded as the home of the individual at the time of enlistment or induction.  There is no authority to change the HOR as officially recorded at time of entry into the military service.  However, there is authority to correct a HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes.  Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.

16.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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.  

	b.  The Global War on Terrorism Service Medal (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 (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, 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.   

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for completing the DD Form 214.

   a.  Item 7b – enter the city and state from which member last entered active duty.

	b.  Item 12a – enter the first date of active duty for the period covered on the DD Form 214.
   
   c.  Item 12c – enter all service less lost time.
   
   d.  Item 12f – enter the total amount of foreign service completed during the period covered by the DD Form 214.
   
	e.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) – list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 
600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  Orders Number M-304-0002, dated 31 October 2002, ordering her to active duty effective 3 November 2002 show the applicant's HOR as Eight Mile, AL; therefore, she is entitled to correction of her DD Form 214 for the period ending 2 November 2003 to show her correct HOR.

2.  Item 12a of her DD Form 214 for the period ending 2 November 2003 has the incorrect date she entered active duty.  Orders show she was ordered to active duty on 3 November 2003; therefore, she is entitled to correction of this DD Form 214 to show the correct date she entered active duty for this period of service.

3.  Based on the above correction, her total active service for this period of service should be adjusted.  Therefore, she is entitled to correction of Item 12c of her DD Form 214 for the period ending 2 November 2003.

4.  As a related issue, item 18 of her DD Form 214 for the period ending              2 November 2003 shows she had service in Kuwait from 11 November 2002 through 29 May 2003; therefore, she is entitled to correction of this DD Form 214 to show her foreign service.

5.  As a further related issue, the applicant served a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal; therefore, she is entitled to correction of her DD Form 214 for the period ending 2 November 2003 to show these awards.
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 amending her DD Form 214 for the period ending 2 November 2003 as follows:

	a.  Changing Item 7b to read "Eight Mile, AL."

	b.  Changing Item 12a to read "2002  11  03."

	c.  Changing Item 12c to read "0001  00  00."

	d.  Adding in Item 12f the entry "0000  06  19"

	e.  Adding award of the:

   *	Global War on Terrorism Expeditionary Medal
   *	Global War on Terrorism Service 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)                                         AR20130010362



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010362



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1