BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090004625
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 award of the Afghanistan Campaign Medal.
2. The applicant states that he was deployed to Afghanistan from December 2001 to August 2002 but he did not receive the Afghanistan Campaign Medal.
3. The applicant provides an award certificate and orders for the Army Commendation Medal; an official statement of service; a statement of military service; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 February 2004 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. Having prior active service, the applicant enlisted in the Regular Army on
31 December 1986 and served as a food service specialist. He remained on active duty through continuous reenlistments until he retired on 29 February 2004 in the rank of staff sergeant.
3. The applicant's DD Form 214 for the period ending 29 February 2004 shows the Army Achievement Medal (6th Award), the Army Good Conduct Medal
(6th Award), the National Defense Service Medal (2nd Award), the Noncommissioned Officers Professional Development Ribbon with Number
2, the Army Service Ribbon, the Overseas Service Ribbon (5th Award), and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards. His DD Form 214 also shows that he served in Afghanistan from 31 January 2002 to 20 August 2002.
4. In support of his claim, the applicant provided orders for the Army Commendation Medal with Fourth Oak Leaf Cluster which state that he served in Afghanistan.
5. Army Regulation 600-8-22 (Military Awards) 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. 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.
6. Army Regulation 600-8-22 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 operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's service in Afghanistan, he is eligible for award of the Afghanistan Campaign Medal with one bronze service star.
2. The applicant served a period of qualifying service for award of the GWOTSM.
3. Orders show the applicant received the Army Commendation Medal with Fourth Oak Leaf Cluster. Therefore, his DD Form 214 for the period ending
29 February 2004 should be corrected to show this award.
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, the GWOTSM, and the Army Commendation Medal with Fourth Oak Leaf Cluster on his DD Form 214 for the period ending 29 February 2004.
_______ _ _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.
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