IN THE CASE OF: BOARD DATE: 22 May 2014 DOCKET NUMBER: AR20130015725 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 and the Armed Forces Expeditionary Medal (AFEM). 2. The applicant states her DD Form 214 does not show this information. She believes that it will be important if she applies for Veteran Preference in Federal employment. 3. The applicant provides copies of: * her DD Form 214 * Memorandum from Commander, 92d Chemical Company, Fort Stewart, Georgia, dated 17 April 1998, with an attached list of Soldiers who are authorized the AFEM for operation Southern Cross. The applicant is listed by name and social security number as having served from 23 February 1998 to 26 June 1998. 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 served in the Regular Army from 6 February 1997 through 31 July 2000. She was placed on the Temporary Disability Retired List on 1 August 2000. Item 12f of her DD Form 214 shows no foreign service. 3. A unit memorandum shows the applicant was authorized the AFEM for service in operation Southern Cross from 13 February 1998 to 26 June 1998. 4. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. 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, including Operation Southern Watch 1 December 1995 to 18 March 2003 5. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service, taken from the Enlisted Record Brief and/or DA Form 2-1 performed during the period covered in Item 12c (Net Active Service This Period) of the DD Form 214 will be entered in Item 12f (Foreign Service). It also directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/M M/DD format. 6. Defense Finance and Accounting Service (DFAS) reports the applicant was authorized Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 20 February 1998 through 25 June 1998 DISCUSSION AND CONCLUSIONS: 1. The applicant was authorized the AFEM and it should be added to the authorized awards shown on her DD Form 214. 2. DFAS confirms that the applicant received Hostile Fire/Imminent Danger Pay for a period of 4 months and 7 days during Operation Southern Cross . Item 12f should reflect this foreign service. 3. The instruction for completion of the DD Form 214 require an appropriate Remarks entry showing the location and duration of deployed 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 changing her DD Form 214 by showing: a. 00 years, 4 months , and 7 days of foreign service in item 12f; b. adding the Armed Forces Expeditionary Medal to the awards already listed in item 13; and c. inserting in item 18 "Service in Kuwait 19980220-19980625". _______ _ 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) AR20130015725 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130015725 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1