BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20130012128
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her overseas service and awards of the Army Achievement Medal (AAM) and Overseas Service Ribbon (OSR).
2. The applicant states, in effect, that she deployed to Southwest Asia (SWA) from August 1994 to February 1995 in support of Operations Desert Thunder and Vigilant Warrior but her DD Form 214 does not reflect that foreign service or awards of the AAM and OSR.
3. The applicant provides copies of her 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. On 5 August 2009, the applicant was issued a DD Form 215 (Correction to DD Form 214) showing her foreign service, award of the Southwest Asia Service Medal with one bronze service star, and her deployment to SWA. A copy of the DD Form 215 will be provided to her. Accordingly, those issues will not be discussed further in these proceedings.
3. The applicant enlisted in the Regular Army on 7 September 1993. She completed her training as a food service specialist and was transferred to Fort Lewis, Washington.
4. The applicant deployed to SWA during the period 19940901 20050131 as a member of a Patriot battery.
5. On 7 February 1995, she was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-5b, due to non-retention on active duty. She had served 1 year, 5 months, and 1 day of active service and her DD Form 214 issued at the time of her REFRAD shows she was awarded the Army Service Ribbon, National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
6. A review of her official records failed to show any evidence of the applicant being awarded the AAM.
7. Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the OSR. Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). Soldiers who serve a minimum of
11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status within a 24-month period get credit for a complete short tour.
DISCUSSION AND CONCLUSIONS:
1. The applicant has failed to show through the evidence of record and the evidence submitted with her application that she was in fact awarded the AAM. Therefore, without orders, there appears to be no basis to add the AAM to her records at this time.
2. Additionally, the applicant did not serve the prescribed amount of time to qualify for an OSR. Accordingly, there is no basis to add that award to her
DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x______ _x_______ __x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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.
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