IN THE CASE OF:	  

		BOARD DATE:	  18 August 2009

		DOCKET NUMBER:  AR20090004193 


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 item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 January 2009 be corrected.  He also requests, in effect, correction of this DD Form 214 to show the Iraq Campaign Medal, the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, and the Purple Heart.

2.  The applicant states that his net active service on his DD Form 214 should be 5 years, 7 months, and 25 days.  He also states, in effect, that he was awarded the Iraq Campaign Medal, the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, and the Purple Heart.  He further states that because he was transferred to different units due to his injury he did not have a home unit and he was not able to sign his DD Form 214 before he was discharged.  He indicates that his DD Form 214 was mailed to him when he was medically discharged.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's request for award of the Purple Heart was addressed by separate correspondence to the applicant.  Therefore, this portion of the applicant's request will not be discussed further in these proceedings. 

2.  The applicant was ordered to active duty from the Army National Guard on 6 April 2003 in support of Operation Enduring Freedom (OEF).  On 28 January 2009, the applicant was permanently retired by reason of physical disability.

3.  Item 12c of the applicant's DD Form 214 shows the entry "0004 07 25."  His DD Form 214 does not show the Iraq Campaign Medal, the Afghanistan Campaign Medal, or the Global War on Terrorism Expeditionary Medal as authorized awards.

4.  Records at the Defense Finance and Accounting Service show that the applicant served in Afghanistan during the pay periods 1 August 2004 to 30 September 2004.

5.  There is no evidence of record which shows the applicant served in Iraq.

6.  On 19 June 2009, the applicant was notified by separate correspondence that he was eligible for either the Global War on Terrorism Expeditionary Medal or the Afghanistan Campaign Medal for qualifying service in recognition for his service in Afghanistan.  He was notified on 30 June 2009 that if he failed to respond, his DD Form 214 would be corrected to show the Afghanistan Campaign Medal.  The applicant did not respond within the given time frame.

7.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq and the contiguous water area out to 12 nautical miles and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.
 
8.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of 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.  The regulation authorizes award of a bronze service star based on qualifying service to be worn on the appropriate campaign or service medal, including the Afghanistan Campaign Medal.  A bronze service star is authorized to be worn on the Afghanistan Campaign Medal for the Liberation of Afghanistan (11 September 2001 through 30 November 2001), Consolidation I (1 December 2001 through 30 September 2006), and Consolidation II (1 October 2006 through a date to be determined) campaigns.
9.  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.

DISCUSSION AND CONCLUSIONS:

1.  Item 12c of the applicant's DD Form 214 for the period ending 28 January 2009 shows he completed 4 years, 7 months, and 25 days.  However, evidence of record shows he served on active duty from 6 April 2003 to 28 January 2009, a total of 5 years, 9 months, and 23 days.  Therefore, item 12c of his DD Form 214 for the period ending 18 January 2009 should be corrected to show he completed 5 years, 9 months, and 23 days.

2.  There is no evidence of record which shows the applicant served in Iraq.  Therefore, there is insufficient evidence on which to base award of the Iraq Campaign Medal in this case.

3.  Based on his service in Afghanistan, the applicant is eligible for award of the Afghanistan Campaign Medal with one bronze service star.

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.  deleting the entry in item 12c of his DD Form 214 for the period ending 28 January 2009;

	b.  adding the entry "0005 09 23" in item 12c of this DD Form 214; and

	c.  adding the Afghanistan Campaign Medal to his DD Form 214.

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 amending item 12c to show he completed 5 years, 7 months, and 25 days or award of the Iraq Campaign Medal and the Global War on Terrorism Expeditionary Medal.




      __________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)                                         AR20090004193



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ABCMR Record of Proceedings (cont)                                         AR20090004193



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