IN THE CASE OF: BOARD DATE: 15 March 2012 DOCKET NUMBER: AR20110018026 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: a. award of the Afghanistan Campaign Medal; and b. her service in Afghanistan be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states: * She was in Afghanistan * She was not credited with her service in Afghanistan * Executive Order 13363 authorizes a campaign medal for service in Afghanistan * She did deploy with her unit overseas and even though she was evacuated shortly after arrival that should not prevent the addition of this information to correct the record 3. The applicant provides: * Deployment orders with unit roster * Executive Orders 13363 * DD Form 214 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 11 March 2004. She completed her training and was awarded military occupational specialty 92G (food service operations). On 1 September 2006, she was honorably discharged. 3. Item 12f of her DD Form 214 shows no foreign service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon as authorized awards. Item 18 (Remarks) shows no entry for deployed service. 4. There is no evidence of record which shows the applicant served in Afghanistan. 5. She provided deployment orders, dated 6 February 2006, which show her unit was deployed to Afghanistan in support of Operation Enduring Freedom on or about 10 February 2006 for 365 days or until mission completion. The unit roster includes the applicant's name. 6. A DA Form 3349 (Physical Profile), dated 22 February 2006, shows the applicant was at Fort Drum, NY on this date. 7. The Defense Finance and Accounting Service (DFAS) confirmed that she did not receive any hostile fire/imminent danger pay and combat zone tax exclusion for service in Afghanistan. 8. Army Regulation 600-8-22 (Military Awards) states 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: * Liberation of Afghanistan (11 September 2001-30 November 2001) * Consolidation I (1 December 2001-30 September 2006) * Consolidation II (1 October 2006-date to be determined) DISCUSSION AND CONCLUSIONS: 1. The applicant contends she did deploy with her unit to Afghanistan but she was evacuated shortly after her arrival. 2. There is no evidence of record which shows she served in Afghanistan. 3. Notwithstanding the deployment orders and unit roster provided by the applicant, DFAS records show she did not receive any hostile fire/imminent danger pay and combat zone tax exclusion for service in Afghanistan. Therefore, there is insufficient evidence on which to grant the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ __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) AR20110018026 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110018026 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1