IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014561 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014561 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 adding to her DD Form 214 the Global War on Terrorism Service Medal, Air Assault Badge, and Afghanistan Campaign Medal with one bronze service star. _____________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. IN THE CASE OF: BOARD DATE: 22 December 2016 DOCKET NUMBER: AR20150014561 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 service in support of Operation Enduring Freedom (OEF) in Afghanistan. 2. The applicant states she deployed to Afghanistan in support of OEF. At the time of her discharge, the OEF campaign was ongoing and there was no badge for it. 3. The applicant provides her DD Form 214, a DA Form 638 (Recommendation for Award), and an Army Commendation Medal Certificate. 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 14 May 1999 and she held military occupational specialty 88H (Cargo Specialist). 3. She was honorably released from active duty on 13 February 2003. Her DD Form 214 shows she completed 3 years and 9 months of active service. It also shows in: * Item 12f (Foreign Service), the entry "0000-00-00" indicating she did not complete any foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Good Conduct Medal, National Defense Service Medal, and Army Service Ribbon * Item 18 (Remarks) does not show service in any hostile fire/imminent danger pay (HF/IDP) area 4. Permanent Orders (PO) Number 193-174, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, on 11 July 2000, awarded her the Air Assault Badge. 5. PO Number 137-28, issued by Headquarters, 101st Airborne Division, on 17 May 2001, awarded her the Army Achievement Medal for service from March to April 2001. 6. She provides a DA Form 638 and certificate confirming award of the Army Commendation Medal for service from 27 January to 1 July 2002, by PO Number 135-061, issued by Headquarters, Task Force Rakkasan, 101st Airborne Division, Kandahar, Afghanistan. 7. An email, dated 9 June 2016, from the Defense Finance and Accounting Service (DFAS) confirms the applicant received HF/IDP and Combat Zone Tax Exclusion for service in Afghanistan from 20 January to 16 July 2002, a period of 5 months and 27 days. 8. On 10 August 2016, the U.S. Army Human Resources Command issued the applicant a DD Form 215 (Correction to DD Form 214) that added: * In item 12f, the entry "0000-05-05" * In item 13, Army Commendation Medal and Army Achievement Medal * In item 18, the entry "Service in Afghanistan from 20020127 to 20020701" REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. 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 the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined. 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. b. The Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF. 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 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns are. Approved designated Afghanistan campaigns (during his service in Afghanistan), include the Consolidation I campaign (1 December 2001-30 September 2006). 2. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * block 13 show awards and decorations for all periods of service * block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" is entered DISCUSSION: 1. The applicant served in Afghanistan from 27 January to 1 July 2002. Based on her service in Afghanistan, she is eligible for award of the Afghanistan Campaign Medal with one bronze service star to designate her participation in one campaign, and correction of her DD Form 214 to show these awards. 2. She served a qualifying period of service for award of the Global War on Terrorism Service Medal. Her DD Form 214 does not show this medal. 3. PO awarded her the Air Assault Badge. This award is not shown on her DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014561 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014561 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2