IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080016585
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 he served in Afghanistan with the 772nd Military Police Company of the Massachusetts Army National Guard (MAARNG) from 13 August 2002 to 3 March 2003.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 April 2003, 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. With prior enlisted service, the applicants records show he enlisted in the MAARNG on 21 September 2001 and held military occupational specialty (MOS) 95B (Military Police). He was assigned to the 772nd Military Police Company, Taunton, MA, and attained the rank of sergeant (SGT).
3. On 7 July 2002, the applicant was ordered to active duty as a member of his Reserve unit in support of Operation Enduring Freedom and subsequently served in Afghanistan from 13 August 2002 to 3 March 2003. He was honorably released from active duty to the control of his ARNG unit on 1 April 2003.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Army Commendation Medal, the Army Achievement Medal, the Army Reserve Components Achievement Medal (2nd Award), the National Defense Service Medal (2nd Award), the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar. Item 13 does not show award of the Afghanistan Campaign Medal.
5. Army Regulation 600-8-22 states that 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. Only one award of the Afghanistan Campaign Medal may be authorized for any individual. Service stars are not prescribed for wear with this medal; however, the Afghanistan Campaign Medal may be awarded with the bronze arrowhead device to eligible Soldiers. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal (GWOTEM) is no longer authorized to be awarded for service in Afghanistan; however, service members who qualified for the GWOTEM 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 GWOTEM. Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service; however, no service member shall be entitled to award of the Afghanistan Campaign Medal and the GWOTEM for the same act, achievement or period of service.
6. 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. These are the Liberation of Afghanistan (11 September 2002 to 30 November 2001), the Consolidation I (1 December 2001 to 30 September 2006), and the Consolidation II (1 October 2006 to a date to be determined). The applicant's records show that he participated in the Consolidation I campaign during his tour of duty in Afghanistan. The regulation states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
The applicants records show he served in Afghanistan from 13 August 2002 to 3 March 2003; therefore, he served a qualifying period for award of the Afghanistan Campaign Medal and is entitled to correction of his records to show this award. Furthermore, the applicant participated in one campaign while serving in Afghanistan and is therefore entitled to award of one bronze service star to be affixed to the Afghanistan Campaign Medal.
BOARD VOTE:
___X____ ___X____ ___X____ 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 adding the Afghanistan Campaign Medal with one bronze service star to the applicant's DD Form 214, dated 1 April 2003.
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) AR20080016585
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