IN THE CASE OF:	  

		BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140008280 


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 foreign service in Afghanistan.

2.  The applicant states, in effect, she was deployed to Afghanistan and served with Headquarters and Headquarters Detachment, Logistical Task Force 129 during Operation Enduring Freedom from 2002 to 2003.

3.  The applicant provides three Defense Finance and Accounting Service (DFAS) Forms 702 (DFAS Military Leave and Earnings Statements (LES)) for the pay periods of August 2002, September 2002, and October 2002.

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.  The applicant enlisted in the Regular Army on 17 September 1997 and held military occupational specialty 92G (Food Service Specialist).

3.  Her DA Form 2-1 (Enlisted Qualification Record – Part II) and Enlisted Record Brief show she was assigned to:

* Korea from 10 April 1998 to 10 April 1999
* Fort Carson, CO from 27 April 1999 to 10 May 2000
* Korea from 16 May 2000 to 14 May 2001
* Fort Campbell, KY from 21 June 2001 to 23 August 2004

4.  Permanent Orders (PO) Number 234-07, issued by Combined Joint Task Force-180, Base Operations, Afghanistan, awarded her the Army Commendation Medal for achievement while assigned in support of Operation Enduring Freedom from 26 April 2002 to 6 October 2002.

5.  She was honorably released from active duty on 23 August 2004.  Her        DD Form 214 shows she completed 6 years, 11 months, and 7 days of net active service.  Her DD Form 214 also shows in:

	a.  item 12f (Foreign Service), she completed 2 years of foreign service.

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaigns Ribbons Awarded or Authorized), she was awarded or authorized the:

* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* Global War on Terrorism Service Medal 
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award) 

	c.  item 18 (Remarks), no entries that refer to foreign service in Afghanistan.

6.  An email from DFAS, dated 16 May 2014, confirms that she received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 22 April 2002 to 4 October 2002.

7.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  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)

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18 (Remarks), for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  DFAS records show the applicant served in Afghanistan from 22 April 2002 to 4 October 2002, a period of 5 months and 13 days.  This period of foreign service is not shown on her DD Form 214 for the period ending 7 January 2004.  Therefore, it should be corrected to reflect this foreign service.

2.  Her service in Afghanistan between 22 April 2002 and 4 October 2002 qualifies her for the Afghanistan Campaign Medal.  Additionally, during this period of service she participated in one campaign.  Therefore, she is entitled to award of the Afghanistan Campaign Medal 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 partial recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending her DD Form 214 by deleting from item 12f the entry          "0002  00  00" and replacing it with the entry "0002  05  13";

	b.  amending her DD Form 214 by adding to item 13 the Afghanistan Campaign Medal with one bronze service star; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020422 – 20021004."



      ____________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)                                         AR20140008280





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