IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080007090 


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 records to show award of the Afghanistan Campaign Medal.

2.  The applicant states that he served in Afghanistan from 9 April 2005 to 13 April 2006 in support of Operation Enduring Freedom, but his DD Form 214 (Certificate of Release or Discharge From Active Duty) does not show this award.

3.  The applicant provides a copy of his DD Form 214, dated 7 May 2006, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  With prior service in the Regular Army and the U.S. Marine Corps (USMC), the applicant enlisted in the Army National Guard for a period of 6 years on 28 October 2004, in the rank/grade of specialist (SPC)/E-4 and in military occupational specialty (MOS) 11B (Infantryman).  He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 141st Infantry, Weslaco, Texas.

2.  On 3 February 2005, the applicant was ordered to active duty as a member of his Reserve unit in support of Operation Enduring Freedom.  He entered active duty on 7 March 2005 and subsequently served in Afghanistan from 9 April 2005 to 13 April 2006.  He was honorably released from active duty on 7 May 2006, reverted back to his ARNG status and subsequently reenlisted in the Regular Army for a period of 3 years and 13 weeks on 13 June 2006.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded, among other awards, the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal.  Item 13 does not show award of the Afghanistan Campaign Medal.  

4.  The Afghanistan Campaign Medal is authorized by Public Law 108–234, 28 May 2004, and Executive Order 13363, 29 November 2004, as amended by Executive Order 13289, 12 March 2003.  Individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The Afghanistan Campaign Medal 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.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan 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.  The Afghanistan Campaign Medal may be awarded posthumously.  Only one award of this medal may be authorized for any individual.  Under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.  Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or must meet one of the following criteria: (1) Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2) While participating in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility; (3) While participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility.

5.   Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.



6.  Headquarters, Combined/Joint Task Force 76, Bagram Airfield, Afghanistan, Permanent Orders 32-196, dated 1 February 2006, show the applicant was awarded the Joint Service Commendation Medal for meritorious service for the Armed Forces of the United States from 7 May 2005 to 6 May 2006.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served in Afghanistan from 9 April 2005 to 13 April 2006 and was awarded the Global War on Terrorism Expeditionary Medal.  By law, no service member shall be entitled to award of the Afghanistan Campaign Medal and the Global War on Terrorism Expeditionary Medal for the same act, achievement or period of service.  In the absence of a clear indication of which medal he elected at the time of his release from active duty, it is presumed that he elected the Global War on Terrorism Expeditionary Medal which is already shown on his records.  He is, therefore not entitled to award of the Afghanistan Campaign Medal. 

2.  Permanent Orders show that the applicant was awarded the Joint Commendation Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. 

3.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  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 for award of the Afghanistan Campaign Medal.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Joint Service Commendation Medal.



							XXX
       _    _______   ___
       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)                                         AR20080007090



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ABCMR Record of Proceedings (cont)                                         AR20080007090



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