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ARMY | BCMR | CY2013 | 20130011462
Original file (20130011462.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  18 March 2014

		DOCKET NUMBER:  AR20130011462 


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, in effect, her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 October 2003 be corrected to show she was ordered to active duty in support of both Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF).  She also requests the following awards be added to her DD Form 214:

* Overseas Service Ribbon (OSR)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Global War on Terrorism Service Medal (GWOTSM)
* Army Commendation Medal (ARCOM)

2.  The applicant states:

* her record does not indicate that she served in OEF and OIF
* she never received any ribbons or medals, just a certificate and memorandum and told to "go buy the medals and ribbons if you want them"
* she thinks this is unjust
* if she earned them, then they should be given to her  

3.  The applicant provides:

* DD Form 214
* Statement of wartime service
* ARCOM orders
CONSIDERATION OF EVIDENCE:

1.  The applicant was ordered to active duty from the U.S. Army Reserve on 
21 January 2003 and she served as a veterinary food inspection specialist and animal care specialist.

2.  She provides orders, dated 30 June 2003, which show she received the ARCOM for meritorious service for the period 9 February 2003 to 1 September 2003.  The citation for this award indicates she served in Afghanistan.

3.  She also provides a statement of wartime service memorandum, dated 
2 September 2003, which states:

* she was deployed in support of OIF from 21 January 2003 through 1 June 2003
* she was deployed in support of OEF from 1 June 2003 through 
      6 September 2003
* she was authorized the Overseas Service Ribbon, GWOTEM, and GWOTSM
* this memorandum serves as verification of her deployment dates and will be used to update her military personnel records accordingly

4.  She was released from active duty on 9 October 2003.

5.  Her DD Form 214 for the period ending 9 October 2003 shows she was awarded or authorized the:

* Army Achievement Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon (5th Award) 

6.  Item 18 (Remarks) of her DD Form 214 shows the entries:

* "SERVICE IN SOUTHWEST ASIA 20030209-20030910"
* "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM  IAW 10 USC 12302"


7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 10 February 2003 through 
17 September 2003.

8.  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 establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that for Item 
18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following statement "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)" and 
"SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

9.  Army Regulation 600-8-22 (Military Awards) states the OSR is awarded for successful completion of overseas tours.

10.  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.  

11.  Army Regulation 600-8-22 states the GWOTEM 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 (AOE) 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.  

12.  Army Regulation 600-8-22 further states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. 

13.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait.


14.  Army Regulation 600-8-22 states the 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.  

15.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal (ACM) is awarded to members who have 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 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her record does not indicate that she served in OEF and OIF; her DD Form 214 shows she was ordered to active duty in support of OEF.  Since her statement of wartime service shows she deployed in support of OIF and OEF, and the governing regulation states the operation name(s) will be shown in item 18 of the DD Form 214, it would be appropriate to correct the entry in item 18 of her DD Form 214 for the period ending 9 October 2003 to show she was ordered to active duty in support of OEF and OIF.  In addition, the entry that shows she served in Southwest Asia from 9 February 2003 to 10 September 2003 should be corrected to show she served in Kuwait/Afghanistan during this timeframe.

2.  She did not serve a qualifying period of service in Afghanistan for entitlement to the OSR.  Therefore, there is insufficient evidence on which to base adding the OSR to her DD Form 214 for the period ending 9 October 2003.

3.  Based on her service in Kuwait, she is entitled to the GWOTEM.  Therefore, her DD Form 214 for the period ending 9 October 2003 should be corrected to show this medal.

4.  She did serve a period of qualifying service for award of the GWOTSM.  Therefore, her DD Form 214 for the period ending 9 October 2003 should be corrected to show this medal.

5.  Orders show she received the ARCOM.  Therefore, her DD Form 214 for the period ending 9 October 2003 should be corrected to show this medal.

6.  Based on her service in Afghanistan and participation in one campaign, she is entitled to the ACM with one bronze service star.  Therefore, her DD Form 214 for the period ending 9 October 2003 should be corrected to show this award.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  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 the entry "SERVICE IN SOUTHWEST ASIA 20030209-20030910" and replacing it with the entry "SERVICE IN KUWAIT/AFGHANISTAN 20030209-20030910”;

	b.  deleting the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302" in item 18 of her 
DD Form 214 for the period ending 9 October 2003 and replacing it with the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM  AND OPERATION IRAQI FREEDOM IAW 10 USC 12302"; and

	c.  adding the GWOTEM, GWOTSM, ARCOM, and ACM with one bronze service star to the DD Form 214. 
2.  The Board further determined that the evidence presented was 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 adding the OSR to her 
DD Form 214 for the period ending 9 October 2003.  




      _______ _  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)                                         AR20130011462



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ABCMR Record of Proceedings (cont)                                         AR20130011462



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