IN THE CASE OF: BOARD DATE: 31 March 2023 DOCKET NUMBER: AR20220009264 APPLICANT REQUESTS: * foreign service credit * award of the Afghanistan Campaign Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 067-31 dated 8 March 2001 * Operation Enduring Freedom Certificate FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she is missing her deployment for Operation Enduring Freedom (OEF) from 2001 to 2002 with the 2nd Brigade Combat Team (BCT). She is also missing the Afghanistan Campaign Medal and would like it reflected on her DD Form 214. The Department of Veterans Affairs (VA) pointed out that she did not have a deployment on her records. 3. The applicant provides: a. Orders 067-31, dated 8 March 2001, ordered the applicant to proceed on permanent change of station to Fort Hood, TX with a report date of 8 March 2001. b. An OEF certificate shows the applicant was designated a member of the distinguished 2nd BCT “Blackjack,” an honor specifically reserved for those individuals who have served with exceptional distinction on the Frontiers of Freedom, “in the CENTCOM AOR’s only Armored Brigade Combat Team and as the Vanguard of the State of Kuwait on a mission of national security… from 2001 – 2002.” 4. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 20 September 2000. b. The applicant’s service record is void of entries and/or supporting documentation for a deployment. c. Orders 043-0229, dated 12 February 2004, discharged the applicant from active duty with an effective date of 18 February 2004. d. On 18 February 2004, she was discharged from active duty with a general, under honorable conditions characterization of service. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 3 years, 4 months, and 29 days of active service. It also shows: * Block 12f (Foreign Service) – 00 00 00 * Block 18 (Remarks) – no foreign service annotated 5. A review of the applicant’s service record confirms an award was omitted from her DD Form 214. The award will be added to her DD Form 214 as an administrative correction and will not be considered by the Board. The Board will consider her request for foreign service credit for Afghanistan with respective awards. 6. On 3 March 2023, a member of the Defense Finance and Accounting Services (DFAS) staff provided email verification to confirm the applicant served in Kuwait from approximately 20 November 2001 through 29 March 2002 (4 months and 10 days). 7. By regulation, (AR 635-5) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. a. Item 12f (Foreign Service) will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). b. Item 18 (Remarks), for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 8. By regulation (AR 600-8-22), the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (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 11 September 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 2006-30 November 2009) * Consolidation III (1 December 2009 – 30 June 2011) * Transition I (1 July 2011-31 December 2014) * Transition II (1 January 2015-date to be determined) BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief partial relief was warranted.. The Board carefully considered applicant’s contentions, the military record, and regulatory guidance. Evidence of record shows that the applicant had a period of foreign service in Kuwait; however, further documentation is void any other period of service. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for partial relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned by corrected to by amending her DD214 for the period ending 18 February 2004 to show in block 18 (Remarks): SERVICE IN KUWAIT FROM 20011120 - 20020329 2. The Board further determined 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 any other relief not stated above. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records shows an award was omitted from her DD Form 214 for the service period ending 18 February 2004. As a result, amend her DD Form 214 by awarding her the Global War on Terrorism Service Medal. REFERENCES: 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 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. a. Item 12f (Foreign Service) will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). b. Item 18 (Remarks), for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 3. Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. The Overseas Service Ribbon may be awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours. b. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (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 11 September 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 2006-30 November 2009) * Consolidation III (1 December 2009 – 30 June 2011) * Transition I (1 July 2011-31 December 2014) * Transition II (1 January 2015-date to be determined) c. The Global War on Terrorism Expeditionary Medal (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 (AOE) 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. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic areas of eligibility (AOE), including Kuwait. * Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded. * Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. * No service member will be entitled to both medals for the same act, achievement or period of service. d. 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, 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. The GWOTSM may be awarded posthumously. Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009264 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1