BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130020081
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 deployment to Afghanistan.
2. She states she served in Afghanistan from July 2003 to December 2003.
3. The applicant provides her DD Form 214 and Orders 322-0001, dated
18 November 2005.
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 2 August 2000, the applicant enlisted in the Regular Army. On 5 January 2006, she was honorably released from active duty and credited with completing
5 years, 5 months, and 4 days of active duty service.
3. Her DD Form 214 shows in:
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal (2nd Award)
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Item 18 (Remarks) "SERVICE IN KUWAIT - 20040828 - 20050104"
4. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 7 August 2003 to 8 December 2003 for Afghanistan.
5. Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal (ACM) is awarded to members who have served in direct support of Operation Enduring Freedom (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-to be determined)
6. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of
active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. DFAS confirmed the applicant served in Afghanistan from 7 August 2003 to
8 December 2003. Therefore, it would be appropriate to correct item 18 of her DD Form 214 to show her period of service in Afghanistan.
2. Her service in Afghanistan entitles her to the award of the ACM. Additionally, she served in Afghanistan during the Consolidation I campaign. Therefore, she is entitled to the award of the ACM with one bronze service star 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 adding to:
a. item 13 of her DD Form 214 the Afghanistan Campaign Medal with one bronze service star and
b. item 18 of her DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20030807 TO 20031208."
__________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) AR20130020081
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ABCMR Record of Proceedings (cont) AR20130020081
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