IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080011636 


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 he be awarded the Global War on Terrorism Expeditionary Medal and the Afghanistan Campaign Medal and that these awards be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that he served in Afghanistan from 28 October 2002 through 1 August 2003 with the Civil Affairs Battalion, Operation Enduring Freedom Support Detachment, as indicated on his DD Form 214, and he feels that he is deserving of these awards.

3.  In support of his request, the applicant provides a copy of his DD Form 214, with an effective date of release from active duty of 25 August 2003.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel submitted applicant's request under cover of an agency letter of transmittal and requested that they respectfully be appropriately informed of all actions taken in this case.

2.  Counsel provided no additional documents in support of applicant's request.

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 evidence of record shows the applicant enlisted in the US Army Reserve on 27 February 1998.  On 9 April 1998, he enlisted in the Regular Army for training in the military occupational specialty (MOS) 11X, Infantry Recruit.  He successfully completed one station unit training and was awarded the MOS, 11M, Mechanized Infantryman.  The applicant completed his initial term of enlistment and on 8 April 2001 he was released from active duty in the rank and pay grade, Specialist, E-4.

3.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, shows that during the applicant's first term of service, which ended on 8 April 2001, he served in Korea for the period 2 January 2000 through 8 April 2001.

4.  Item 13, (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service), of the applicant's DD Form 214, shows he was awarded the Army Good Conduct Medal; the Army Service Ribbon; the Overseas Service Ribbon; the Expert Marksmanship Qualification Badge, with Rifle Bar; the Expert Marksmanship Qualification Badge, with Grenade Bar; the Expert Infantryman Badge; and the Driver and Mechanic Badge, with "W" Bar [for wheeled vehicles].  No other awards are shown on this DD Form 214.

5.  The evidence shows that the applicant was ordered to active duty in support of Operation Enduring Freedom, in accordance with Title 10 United States Code 12302, on 26 September 2002.  He was released from active duty on 25 August 2003, in the rank and pay grade of Private First Class, E-3.

6.  Item 18 (Remarks), of the applicant's DD Form 214, shows he served in Afghanistan for the period from 28 October 2002 through 1 August 2003.

7.  Item 13, of the applicant's DD Form 214, shows he was awarded the Joint Service Achievement Medal; the National Defense Service Medal; the Army 

Good Conduct Medal; the Armed Forces Reserve Medal, with "M" Device [for mobilization]; the Army Service Ribbon; the Overseas Service Ribbon; the Expert Infantryman Badge; and the Driver and Mechanic Badge, with "W" Bar.  No other awards are shown on this DD Form 214.

8.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility.

9.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is designated for Soldiers who have participated in or served in support of the Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  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 this award.

10.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  

11.  Army Regulation 600-8-22 specifies that 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.

12.  Because the applicant requested award of the Global War on Terrorism Expeditionary Medal and the Afghanistan Campaign Medal and because the 

applicable regulation prohibits award of both medal to a service member, the applicant was contacted telephonically and asked for this preference.  The applicant requested he be awarded the Afghanistan Campaign Medal for his service in that country since it is more descript of the country in which he served. 

13.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  To be eligible for this award, service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

14.  Army Regulation 635-5 prescribes policies and procedures regarding separation documents.  This regulation states that decorations, medals, badges, citations and campaign ribbons awarded or authorized, for all periods of service will be entered in Item 13 of a service member's DD Form 214.  Awards and decorations for all periods of service will be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the soldier's records and abbreviations will not be used.

DISCUSSION AND CONCLUSIONS:

1.  The evidence show that during his first period of active duty service the applicant served in Korea.  Based on this service, he is therefore entitled to be awarded the Korea Defense Service Medal and to have it added to his DD Forms 214 with effective dates of separation of 8 April 2001 and 25 August 2003.

2.  The evidence shows the applicant was ordered to active duty in support of Operation Enduring Freedom and served in Afghanistan.  Based on this service, the applicant is therefore entitled to be awarded the Global War on Terrorism Service Medal and the Afghanistan Campaign Medal and to have these awards added to his DD Form 214 with an effective date of separation of 25 August 2003.

3.  The applicable regulation and DD Form 214 require that all decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service be show on a service member's DD Form 214; therefore, based on this requirement, the applicant is entitled to have the already-awarded Expert Marksmanship Qualification Badge, with Rifle and with Grenade Bar added to his DD Form 214, with an effective date of separation of 25 August 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x_____  ___x____  ___x____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

      a.  awarding the applicant the Korea Defense Service Medal and adding this award to his DD Forms 214 with effective dates of separation of 8 April 2001 and 25 August 2003; and 

      b.  awarding the applicant the Global War on Terrorism Service Medal and the Afghanistan Campaign Medal and adding these awards to his DD Form 214 with an effective date of separation of 25 August 2003.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the applicant the Global War on Terrorism Expeditionary Medal and adding this award to his DD Form 214, with an effective date of separation of 25 August 2003.




      _______ _x   _______   ___
               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)                                         AR20080011636





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ABCMR Record of Proceedings (cont)                                         AR20080011636



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