IN THE CASE OF:	   

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140001327 


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 her deployment to Uzbekistan and Afghanistan be shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 9 January 2003.

2.  The applicant states she was in a combat zone and she wants her records to reflect her deployment.

3.  The applicant provides her DD Form 214.

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 10 August 2000, she enlisted in the Regular Army.  On 9 January 2001, she was assigned to the 229th Field Service Company at Fort Polk, LA.  Her dates of deployment to Uzbekistan or Afghanistan are not shown on her DA Form 2-1 (Personnel Qualification Record) or her Enlisted Record Brief (ERB).

3.  Commander, Logistics Task Force 507 Permanent Order 93-02, dated 3 April 2002, awarded her the Army Commendation Medal for meritorious achievement from 10 October 2001 to 9 April 2002 while deployed to Uzbekistan in support of Operation Enduring Freedom.

4.  On 12 November 2002, an informal Physical Evaluation Board found her physically unfit for military service and recommended she be separated with severance pay if otherwise qualified.  

5.  On 9 January 2003, she was discharged by reason of disability with severance pay.  She completed 2 years and 5 months of active service that was characterized as honorable.  Her DD Form 214 contained the following entries:

	a.  Item 12c (Net Active Service This Period) - 0002 05 00 (2 years, 5 months, zero days)

	b.  Item 12f (Foreign Service) - 0000 00 00 (zero years, months, and days)

	c.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows she was awarded the:

* National Defense Service Medal
* Army Service Ribbon

	d.  Item 18 (Remarks) does not contain an entry showing her dates of deployment to Uzbekistan/Afghanistan.
 
6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by her chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.

7.  An email from Defense Finance and Accounting Service (DFAS) dated 
24 February 2014 stated the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 1 November 2001 to 
29 April 2002 for Uzbekistan, a period of 5 months and 29 days.

8.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  
	a.  Foreign service, taken from the ERB/officer record brief performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 was entered in Item 12f.  

	b.  When an active duty Soldier was deployed with his/her unit during the period covered by the DD Form 214, an entry was made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  Initial award of the Global War on Terrorism Expeditionary Medal  was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE) that included Uzbekistan.

	c.  The Global War on Terrorism Service Medal 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 AOE designated for award of the Global War on Terrorism Expeditionary Medal.  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 Global War on Terrorism Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  Although her DA Form 2-1 and ERB do not show her deployment to Uzbekistan and Afghanistan, the email from DFAS confirms she received HF/IDP and CZTE pay from 1 November 2001 to 29 April 2002 for Uzbekistan, a period of 5 months and 29 days (0000 05 29).  Therefore, item 12f of her DD Form 214 should be corrected to read 0000 05 29.  

2.  Based on her service in Uzbekistan, she is authorized the Global War on Terrorism Expeditionary Medal.
3.  Based on her service prior to and subsequent to her deployment, she is authorized the Global War on Terrorism Service Medal.

4.  The exact dates she was in Afghanistan are unknown.  However, the email from DFAS confirms her entire deployment dates as 1 November 2001 to 
29 April 2002 (20011101 to 20020429).  Therefore, it would be appropriate to make the following deployment entry in item 18 of her DD Form 214:  "SERVICE IN UZBEKISTAN/AFGHANISTAN - 20010001 - 20020429."

5.  Her official military personnel records show she was awarded the Army Commendation Medal for meritorious service.  Therefore, this award should be added to her DD Form 214.

6.  Her records do not show indiscipline or lost time and there is no evidence she was disqualified by her chain of command from receiving the Army Good Conduct Medal.  She was awarded the Army Commendation Medal during her period of service.  Therefore, in the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 10 August 2000 to 9 January 2003 ending with termination of a period of Federal military service.

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:

	a.  awarding her the Army Good Conduct Medal (First Award) for the period of service from 10 August 2000 to 9 January 2003; and

	b.  amending her DD Form 214 as follows:

		(1)  Item 12f - change to read 0000 05 29
		(2)  Item 13 - amend to show she was awarded the:

* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

		(3)  Item 18 - add the entry:  "SERVICE IN UZBEKISTAN/AFGHANISTAN - 20010001 – 20020429."




      _______ _   _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)                                         AR20140001327



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ABCMR Record of Proceedings (cont)                                         AR20140001327



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