IN THE CASE OF: BOARD DATE: 21 April 2015 DOCKET NUMBER: AR20140015677 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show any awards he is entitled for his military service in Afghanistan and Iraq. 2. The applicant states he was discharged prior to the awards being created and awarded. 3. The applicant provides a copy of his 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. Having 5 months and 5 days of prior active service, the applicant enlisted in the Regular Army on 4 November 1993. He held military occupational specialties 18C (Special Forces Engineer Sergeant) and 11B (Infantryman). 3. On 10 January 2004, the applicant was honorably discharged due to disability with severance pay. Item 18 (Remarks) of the DD Form 214 he was issued at the time shows he served in Afghanistan for the period 8 October 2001 to 1 February 2002 and in Iraq from 22 March to 19 June 2003. This form also shows he was awarded or authorized the: * Army Achievement Medal (2nd Award) * Army Commendation Medal * Army Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal * Humanitarian Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral "2" * Army Service Ribbon * Combat Infantryman Badge * Parachutist Badge * Special Forces Tab 4. Army Regulation 600-8-22 (Military Awards) states: a. 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. During his service in Afghanistan the applicant served in the following approved campaigns: * Liberation of Afghanistan (11 September 2001-30 November 2001) * Consolidation I (1 December 2001-30 September 2006) b. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. During his service in Iraq the applicant served in the following approved campaigns: * Liberation of Iraq (19 March 2003-1 May 2003) * Transition of Iraq (2 May 2003-28 June 2004) c. 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 Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. 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. DISCUSSION AND CONCLUSIONS: 1. Based on his dates of service in Afghanistan, he is entitled to award of the Afghanistan Campaign Medal with two bronze service stars. 2. Based on his dates of service in Iraq, he is entitled to award of the Iraq Campaign Medal with two bronze service stars. 3. The evidence of record shows the applicant served on active duty from 4 November 1993 to 10 January 2004. Therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and is entitled to correction of his records to show this award. 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 amending his DD Form 214 by adding the: * Afghanistan Campaign Medal with two bronze service stars * Iraq Campaign Medal with two bronze service stars * Global War on Terrorism Service Medal _______ _ 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) AR20140015677 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140015677 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1