BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20140016910 


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 Kuwait and award of the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states she has been denied combat veteran benefits due to the lack of information on her DD Form 214 pertaining to her service in Kuwait from 
1 December 1999 through 30 April 2000.

3.  The applicant provides a copy of her DD Form 214 and service information.

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 (RA) on 15 June 1999 for a period of 4 years.  Upon completion of training she was awarded military occupational specialty 88N (Traffic Management Coordinator).  She was promoted to the rank of specialist/pay grade E-4 on 15 August 2001.

3.  She reenlisted in the RA on 17 October 2002 for a period of 3 years.

4.  Her DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service):

* Kuwait from 5 December 1999 through 21 April 2001 [sic]
* Korea from 14 February 2002 through 5 February 2003

* item 35 (Record of Assignments):  1st  Corps Support Command,
Fort Bragg, NC, from 10 November 1999 through 11 February 2002

* item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

5.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant successfully completed the Primary Leadership Development Course on 14 November 2003.

6.  The applicant's DD Form 214 shows she entered active duty this period on
15 June 1999 and was honorably discharged on 24 May 2004 based on parenthood.  She had completed 4 years, 11 months, and 10 days of total active service.  It also shows in:

   a.  item 12 (Record of Service), block f (Foreign Service):  1 year, 4 months,
9 days;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Korea Defense Service Medal

	c.  item 18 (Remarks) does not show she deployed with her unit to Kuwait.

7.  In support of her application the applicant provides a Veteran Information Military History printout, dated 2 September 2014, that shows, in pertinent part,
periods of combat pay and combat tax exclusion, as follows:

* Hostile Fire Pay (HFP)/Imminent Danger Pay (IDP):

* 1 December 1999 to 31 January 2000
* 1 March 2000 to 30 April 2000

* Combat Zone Tax Exclusion (CZTE):  1 December 1999 to 30 April 2000 (Kuwait)

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received HFP/IDP and CZTE from 7 December 1999 to 22 April 2000 for Kuwait.

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

   a.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.

	b.  Table 2-4 (AFEM - Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation) shows the AFEM was authorized for participants deployed in Southwest Asia in direct support of Operation Desert Spring from
31 December 1998 to 18 March 2003.

	c.  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 Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.

	d.  The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

	e.  The Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.
Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCO Education System successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

10.  Department of Defense 7000.14-R (Financial Management Regulation), volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 5 (Special Pay – Duty Subject to Hostile Fire or Imminent Danger), in effect at the time, shows a member may be paid special pay for duty subject to hostile fire or imminent danger for any month when the member, while entitled to basic pay for active duty or compensation for inactive duty, also meets the qualifying criteria of this chapter.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	b.  item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her overseas service in Kuwait from 1 December 1999 to 30 April 2000 and award of the AFEM.

2.  The evidence of record shows the applicant served in:

   a.  Korea from 14 February 2002 through 5 February 2003, and

   b.  Kuwait from 5 December 1999 through 21 April 2000.

    	(1)  DFAS records confirm this period of overseas service in Kuwait.  

 		(2)  The applicant received HFP/IDP for the period 1 December 1999 through 30 April 2000.  However, the evidence of record shows HFP/IDP (during the period of service under review) was authorized for the entire month, not the actual period of assignment.

   c.  Item 12f of her DD Form 214 shows she completed 1 year, 4 months, and 9 days of foreign service.

   d.  Thus, item 18 of the applicant's DD Form 214 should be corrected to show her foreign service in Kuwait from 5 December 1999 through 21 April 2000.

3.  The evidence of record shows the applicant's service:

	a.  in Southwest Asia (Kuwait) in support of Operation Desert Spring qualified her for award of the AFEM;

   b.  in Korea qualified her for award of the OSR; and
   
   c.  outside the AOE designated for award of the GWOTEM qualified her for award of the GWOTSM.

4.  The evidence of record also shows the applicant qualified for the NPDR with Numeral 1 based on her successful completion of PLDC.

5.  Therefore, in view of the foregoing, it would be appropriate to correct her DD Form 214 to show her foreign service and awards, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  ___X_____  _X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  adding to item 13 of her DD Form 214 the:

* Armed Forces Expeditionary Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 1
* Overseas Service Ribbon

	b.  adding to item 18 of her DD Form 214 the statement, "SERVICE IN KUWAIT 19991205-20000421."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to service in Kuwait from
1 December 1999 through 30 April 2000.



      ___________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)                                         AR20140016910



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016910



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1