IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150002399 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 award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and correction of item 12f (Foreign Service) of her DD Form 214 to show she was deployed to Southwest Asia (SWA) in 2003 for a period of 4 months and 4 days. 2. The applicant states her unit was deployed to SWA for several months from 17 February through 21 June 2003 in support of Operation Iraqi Freedom. 3. The applicant provides her Leave and Earning Statements for the periods covering March, April, and May [2003]. 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 1 August 2000. 3. Her records show she was credited with 10 months and 8 days of service in Korea. 4. She was medically retired from active duty on 22 April 2005 and she was transferred to the U.S. Army Reserve Control Group (Retired) on the next day. Her DD Form 214 shows in: a. item 12f, the entry "0000 10 08." b. item 13 (Decorations, Medals, Badges, Citation and Campaign Ribbons Awarded or Authorized (All periods of service)), no entry for award of the GWOTEM. c. item 18 (Remarks), no entry indicating she was deployed to SWA. 5. The applicant provided copies of her LES for March, April, and May 2003 which show she received hostile fire pay (HFP) during these periods. 6. The Defense Finance and Accounting Service (DFAS) confirmed she received HFP/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) from 19 February through 21 June 2003 (a period of 4 months and 3 days) for service in Kuwait. 7. Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The applicant's LES for the periods March, April, and May 2003 confirm she received HFP during these periods. 2. Information received from DFAS confirm the applicant received HFP/IDP and CZTE for the period 19 February through 21 June 2003 (a period of 4 months and 3 days) for service in Kuwait. This period of foreign service should be added to that already reflected on her DD Form 214. 3. Based on the applicant's service in Kuwait from 19 February through 21 June 2003, she completed a period of qualifying service for award of the GWOTEM. 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 the DD Form 214 of the individual concerned be corrected by: a. amending item 12f to add an additional 4 months and 3 days to show the entry "0001 02 11"; b. amending item 13 to add the GWOTEM; and c. amending item 18 to add the entry "SERVICE IN KUWAIT FROM 20030219 TO 20030621." 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 correction of her DD Form 214 to show she was deployed to SWA for 4 months and 4 days. _______ _ _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) AR20150002399 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002399 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1