IN THE CASE OF:	  

		BOARD DATE:	        20 NOVEMBER 2008

		DOCKET NUMBER:  AR20080007166 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his foreign service in Afghanistan, his award of the Global War on Terrorism Service Medal (GWOTSM), and his award of the Combat Infantryman Badge (CIB). 

2.  The applicant states, in effect, that Item 12f (Foreign Service) of his DD Form 214 does not reflect his foreign service in Afghanistan and his DD Form 214 does not reflect his awards of the GWOTSM and the CIB.  He also states that the entire battalion was awarded the CIB and the out-processing clerk would not make the change at the time of his discharge.  He further states that he has attempted to contact his unit to no avail and it affects his employment and health care from the Department of Veterans Affairs (VA).

3.  The applicant provides a memorandum from his commander to the Physical Evaluation Board (PEB) and a document related to his Medical Evaluation Board (MEB) in support of his application. 

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 15 November 2001 for a period of 4 years, training under the airborne/infantry training option, assignment to the 82nd Airborne Division, and an $11,000 cash enlistment bonus.  He completed his one-station unit training at Fort Benning, Georgia and was transferred to Fort Bragg, North Carolina for his only permanent duty assignment.

3.  The applicant deployed with his unit to Afghanistan in support of Operation Enduring Freedom on 5 August 2002.  On 9 January 2003, he was awarded the CIB.  He served in Afghanistan until 16 January 2003, when he was returned to Fort Bragg.  He had served for 5 months and 12 days in Afghanistan before being returned to his home station.

4.  On 15 September 2003, the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(4) due to a disability that existed prior to service (EPTS).  He had served 1 year, 10 months, and
1 day of total active service and his DD Form 214 issued at the time of his discharge reflects that he had no foreign service in Item 12f.  His DD Form 214 also shows that he was awarded the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge. 

5.  Army Regulation 600-8-22 (Military Awards) states that 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 the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:

   a.  initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or 
   
   b.  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. 

6.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM (OEF).  The AOE 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.  One bronze service star shall be worn on the suspension and campaign ribbon of the Afghanistan Campaign Medal for one or more days of participation in each designated campaign phase.  Approved designated Afghanistan Campaign Medal campaigns and inclusive periods are listed below:

	a.  Liberation of Afghanistan/11 September 2001 – 30 November 2001

	b.  Consolidation I/1 December 2001 – 30 September 2006

	c.  Consolidation II/1 October 2006 – Date to be Determined

7.  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.

8.  Army Regulation 635-5 (Separation Documents) 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.  It states that for Item 12f, from the enlisted records, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).

9.  Army Regulation 635-5 further states, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for 
example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should reflect his awards of the CIB and GWOTSM and his foreign service have been noted and found to have merit.

2.  The applicant's awards of the CIB and GWOTSM were omitted from Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 at the time of his discharge and thus should be added at this time.  Furthermore, the applicant is also entitled to award of the Afghanistan Campaign Medal with one bronze service star for his service in Afghanistan in support of Operation Enduring Freedom.

3.  Records show the applicant deployed to Afghanistan in support of Operation Enduring Freedom during the period from 5 August 2002 to 16 January 2003.  Therefore, Item 12f of his DD Form 214 should be reflected to show "0000 05 12" and Item 18 to show "SERVICE IN AFGHANISTAN FROM 20020805 – 20030116."

BOARD VOTE:

___X_____  __X______  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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:

   a.  amending Item 12f of his DD Form 214 to show "0000 05 12";
   
   b.  showing in Item 13 of his DD Form 214, in addition to the awards already shown, that he was awarded or authorized the Afghanistan Campaign Medal with one bronze service star, the CIB, and the GWOTSM; and
   
   c.  adding to Item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020805 – 20030116."

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20080007166



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ABCMR Record of Proceedings (cont)                                         AR20080007166



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