BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130013695
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 the Afghanistan Campaign Medal (ACM).
2. She states, in effect, that she served in Afghanistan between March and September 2003 during Operation Enduring Freedom (OEF).
3. She provides her DD Form 214 and an excerpt from Army Regulation
600-8-22 (Military Awards).
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. After having prior service as an enlisted Soldier in the U.S. Army Reserve (USAR), on 11 May 2001 she was appointed as a Reserve commissioned officer in the U.S. Army.
3. Her DD Form 214 shows she entered an active duty status on 3 January 2003. Item 18 (Remarks) of this form shows she served in Afghanistan in support of OEF from 20 February to 6 August 2003. She was honorably released from active service on 9 September 2003, due to completion of required active service. She completed 8 months and 7 days of active service. Her
DD Form 214 does not show the ACM.
4. On 13 October 2006, she was discharged from the USAR.
5. Army Regulation 600-8-22 states the ACM is awarded to members who served in direct support of OEF. 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-to be determined)
6. Army Regulation 600-8-22 states 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 the Global War on Terrorism operations outside of the designated area of eligibility on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record verifies that she was deployed to Afghanistan from
20 February 2003 to 6 August 2003. Therefore, she is entitled to award of the ACM with one bronze service star and correction of her DD Form 214 to show this award.
2. The evidence of record also shows she was on active duty after 11 September 2001 for more than 30 days; therefore, she is eligible for award of the GWOTSM and 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 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 9 September 2009 to add the Afghanistan Campaign Medal with one bronze service star and the 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.
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