IN THE CASE OF:	  

		BOARD DATE:	       16 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010190 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Afghanistan and all awards and decorations to which he is entitled.

2.  The applicant states that he served in Afghanistan from 24 June –
15 December 2002 and that he received an Army Achievement Medal (ARCOM) for that service.

3.  The applicant provides a copy of his DD Form 214; a copy of his Recommendation for Award (DA Form 638); and a memorandum from his personnel sergeant verifying his service dates in Afghanistan.

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 served in the Regular Army from 28 June 2000 through 
28 March 2003.  He was administratively discharged under the provisions of Army Regulation 635-200, for misconduct – commission of a serious offense with a general discharge (GD), under honorable conditions.  He was credited with
2 years, 9 months, and 1 day of active military service. 

3.  The applicant provided a copy of a Memorandum for Record, dated 27 March 2003, from Headquarters, 3rd Battalion, 505th Parachute Infantry Regiment, from his personnel sergeant.  This statement indicates that the applicant served in Afghanistan from 24 June – 15 December 2002.  This service is not reflected on the applicant's DD Form 214.

4.  Permanent Orders Number 329-56, Headquarters (HQ), 3rd Brigade, 505th Parachute Infantry Regiment, 82nd Airborne Division, dated 25 November 2002, awarded the applicant the ARCOM for the period 30 June – 30 November 2002.  This award is not shown on his DD Form 214.

5.  Permanent Orders Number 050-48, HQ, 3rd Battalion, 505th Parachute Infantry Regiment, dated 27 February 2003, awarded the applicant the Army Achievement Medal (AAM) for the period 1-18 December 2002.  This award is not shown on his DD Form 214.

6.  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. 

7.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal (ACM) 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 AFC 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. 

8.  A directive issued by the Department of Defense on 16 April 2008 designated three phases of Operation Enduring Freedom as qualifying for a campaign star.  The applicant's records show that he participated in the Consolidation I of Afghanistan, 1 December 2001 to 30 September 2006 campaign during his tour of duty in Iraq.  This same regulation states that a bronze service star will be awarded for wear on the ACM for participation in each campaign.

9.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5).  Item 18 (Remarks) lists the name of the country to which deployed and the inclusive dates of service in the country.  Each entry is verified by the individual's service record. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 does not show his service in Afghanistan.

2.  The applicant provided sufficient evidence to show he served in Afghanistan from 24 June – 15 December 2002.  Therefore, his record should be corrected as directed below.

3.  Permanent Orders awarded the applicant the ARCOM.  Therefore, his record should be corrected to show this award.

4.  Permanent Orders awarded the applicant the AAM.  Therefore, his record should be corrected to show this award.

5.  The applicant had a qualifying period of service for award of the GWOTSM.  Therefore, he is entitled to have his record corrected to show this award.

6.  The applicant had a qualifying period of service for award of the ACM.  The applicant's record also shows he participated in 1 campaign while serving in Afghanistan and is, therefore, authorized award of 1 bronze service star to be affixed to the ACM.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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:

	a.  adding the statement "SERVICE IN AFGHANISTAN FROM 20020624-20021215" in Item 18 (Remarks) of the applicant's DD Form 214;

	b.  adding the already-awarded ARCOM to his DD Form 214;

	c.  adding the already-awarded AAM to his DD Form 214;

	d.  awarding the GWOTSM and correcting his record to show this award; and

	e.  awarding the ACM with 1 bronze service star and correcting his record to show this award.





      ___        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)                                         AR20080010190





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ABCMR Record of Proceedings (cont)                                         AR20080010190



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