IN THE CASE OF:	  

		BOARD DATE:	        29 JULY 2008

		DOCKET NUMBER:  AR20080007570 


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) that he was issued at the time of his release from active duty on 17 December 2003, which will simply be referred to as his 
DD Form 214 throughout the remainder of these proceedings, be corrected to show that he served in Afghanistan from 6 December 2002 to 28 April 2003.  He also requests that he be awarded the Afghanistan Campaign Medal.

2.  The applicant essentially states that a clerical error occurred when he was issued his DD Form 214 because only his second tour in Afghanistan from 
2 August 2003 to 9 October 2003 was listed.  He also states, in effect, that the Afghanistan Campaign Medal was not yet being awarded for service in Afghanistan at the time of his release from active duty. 

3.  The applicant provides his DD Form 214, a memorandum for record, dated 
27 October 2003, which essentially shows the dates of his service in Afghanistan; deployment orders, dated 23 October 2002; temporary duty orders, dated 23 July 2003; and a NATO travel order, dated 30 July 2003 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Army National Guard on 22 April 1999.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman), and was later awarded MOS 71L (Administrative Specialist).  He was ordered to active duty in support of Operation Noble Eagle on 20 December 2001, and was honorably released from active duty on 17 December 2003.  His DD Form 214 essentially shows that he was awarded the Army Commendation Medal, the Joint Service Achievement Medal, the Army Achievement Medal with Second Oak Leaf Cluster, the National Defense Service Medal, the Armed Forces Reserve Medal with "M" (for Mobilization) Device, the Army Service Ribbon, and the basic Parachutist Badge.  It also shows, in pertinent part, that he served in Afghanistan from 2 August 2003 to 9 October 2003.  On 21 April 2005, the applicant was honorably discharged.

2.  The applicant's DD Form 214 does not show that he served in Afghanistan from 6 December 2002 to 28 April 2003.  However, the applicant provided a memorandum for record, dated 27 October 2003, which essentially shows that he served in Afghanistan from 6 December 2002 to 28 April 2003, and again from 2 August 2003 to 9 October 2003.  His military records also contained orders, dated 27 October 2003, which essentially awarded him the Joint Service Achievement Medal for his service during his first deployment to Afghanistan.

3.  The applicant's DD Form 214 does not show that he was awarded the Afghanistan Campaign Medal.  However, he served in Afghanistan from 
6 December 2002 to 28 April 2003, and again from 2 August 2003 to 9 October 2003.  MILPER Message Number 08-123, dated 30 April 2008, provided guidance on the criteria, applicability and standards on awarding service stars on the Afghanistan Campaign Medal.  One bronze service star shall be awarded for one or more days of participation in each designated campaign phase.  Based upon the applicant's service in Afghanistan, he participated in the Consolidation I campaign (1 December 2001 to 30 September 2006).  

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant served on active duty outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal from 
28 December 2001 to 5 December 2002.  However, his DD Form 214 does not show that he was awarded the Global War on Terrorism Service Medal. 

6.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  In pertinent part, it provides that for item 18 (Remarks), the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD – YYYYMMDD) will be entered for an active duty Soldier deployed with his or her unit during their continuous period of active service.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Afghanistan Campaign Medal is authorized for service in direct support of Operation ENDURING FREEDOM on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility includes all land areas and air spaces of the country of Afghanistan.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; b) is medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or c)  participates 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].  This campaign medal may be awarded posthumously.  Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Afghanistan; however, service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 30 April 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized shall remain qualified for the Global War on Terrorism Expeditionary 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; however, 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.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that 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 the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he served in Afghanistan from 6 December 2002 to 28 April 2003, and that he should be awarded the Afghanistan Campaign Medal.



2.  The evidence of record clearly shows that the applicant served in Afghanistan from 6 December 2002 to 28 April 2003, but this deployment is not listed in item 18 of his DD Form 214.  Therefore, he is entitled to correction of item 18 of his 
DD Form 214 by adding the statement 'SERVICE IN AFGHANISTAN FROM 20021206 – 20030428."

3.  The applicant served in Afghanistan during a qualifying period of service for award of the Afghanistan Campaign Medal, and participated in one campaign during his service in Afghanistan.  Therefore, he is entitled to award of the Afghanistan Campaign Medal with one bronze service star, and correction of his military records to show these awards.

4.  The applicant served on active duty outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal from 
28 December 2001 to 5 December 2002.  Therefore, he is entitled to award of the Global War on Terrorism Service Medal, and correction of his military records to show this award. 

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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.  adding the following statement in item 18 of the applicant's DD Form 214:  "SERVICE IN AFGHANISTAN FROM 20021206 – 20030428"; and

	b.  awarding him the Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal.




2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during Operation Enduring Freedom.  The applicant and all Americans should be justifiably proud of his honorable 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)                                         AR20080007570



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ABCMR Record of Proceedings (cont)                                         AR20080007570



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