RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2007
      DOCKET NUMBER:  AR20070002582


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Ms. Rea M. Nuppenau               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his overseas service be shown
on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his deployment in Afghanistan from June 2002
through November 2002 is not shown on his DD Form 214.

3.  The applicant provides a self-authored statement, dated 10 February
2007; his DD Form 214; his separation orders; and a copy of his DA Form 2-1
(Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Enduring Freedom.

2.  The applicant is requesting correction of an alleged error which
occurred on 13 September 2003.  The application submitted in this case is
dated 9 February 2007.

3.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

4.  The applicant enlisted in the Regular Army on 14 September 2000.

5.  Records at the Defense Finance and Accounting Service (DFAS) show the
applicant served in Afghanistan from June 2002 through November 2002.
(Verification is made by determining when and for what area hostile fire
pay was paid.  Since hostile fire pay is paid on a monthly basis, exact
beginning and ending dates of service cannot be determined from DFAS
records.)

6.  The applicant was honorably released from active duty on 13 September
2003.  Item 12f (Foreign Service) of his DD Form 214 does not show he
served any foreign service, and item 18 (Remarks) does not show he deployed
to
Afghanistan.  Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized) does not show any service medals for service
in Afghanistan.

7.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part, it states that, for
active duty Soldiers, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM
(inclusive dates, for example “YYYYMMDD – YYYYMMDD”) will be made in item
18, as applicable.

DISCUSSION AND CONCLUSIONS:

1.  Records at DFAS confirm the applicant was in Afghanistan from June 2002
through November 2002.  Since it cannot be determined when in June 2002 he
arrived in Afghanistan or when in November 2002 he departed Afghanistan, it
would be reasonable at this time to split any difference and presume he
arrived on 15 June 2002 and departed on 15 November 2002.  Therefore, item
12f of his DD Form 214 should be amended to show he served 5 months of
foreign service.

2.  Based on the above, item 18 of the applicant’s DD Form 214 should be
amended to add the entry, “SERVICE IN AFGHANISTAN FROM 15 JUNE    2002 – 15
NOVEMBER 2002.”

3.  Item 13 of the applicant’s DD Form 214 does not show he was awarded any
service medals for his service in Afghanistan.  Because he does not request
any awards at this time, the Board cannot take any action regarding this
issue.  If the applicant desires to apply for correction of his DD Form 214
to add any awards, he should be aware that he would be eligible for the
Global War on Terrorism Service Medal.  He would also be eligible for
either the Global War on Terrorism Expeditionary Medal or for award of the
Afghanistan Campaign Medal in lieu of the Global War on Terrorism
Expeditionary Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 September 2003; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    12 September 2006.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__jcr___  __rmn___  __djp___  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 and to excuse failure to timely file.  As a
result, the Board recommends that the DD Form 214 of the individual
concerned be corrected by:

     a.  amending item 12f to show he served 5 months of foreign service;
and

     b.  amending item 18 to add the entry, “SERVICE IN AFGHANISTAN FROM 15
JUNE    2002 – 15 NOVEMBER 2002.”




                            __Jeffrey C. Redmann__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002582                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070809                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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