BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090005875 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Afghanistan and all the awards he received pertaining to this service.  

2.  The applicant states that none of the awards he received while serving in Afghanistan is shown on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214; a copy of a memorandum for record, dated 28 August 2007, authorizing him the Afghanistan Campaign Medal; a copy of a certificate, dated 22 May 2002, awarding him the Parachutist Badge with bronze service star; a copy of Permanent Orders 182-06, dated 1 July 2002, awarding him a bronze service star; a copy of his VA Form 21-22, dated 26 March 2009; a copy of a letter, dated 16 October 2001, from his former battalion commander; a copy of a memorandum for record, dated 22 March 2007, announcing award of the Joint Meritorious Unit Award; and a copy of a DA Form 638 (Recommendation for Award) and certificate, dated 10 January 2002, awarding him the Army Commendation Medal, in support of his 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 applicant's records show he enlisted in the Regular Army for a period of 3 years on 11 March 1999.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13F (Fire Support Specialist).  He was assigned to Company C, 3rd Battalion, 75th Ranger Regiment, Fort Benning, GA. 

3.  The applicant's records show he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) effective 10 March 2002.  The DD Form 214 he was issued shows he completed 3 years of creditable active military service.  This form further shows the following entries:

	a.  Item 12f (Foreign Service) shows the entry “0000 00  00”; 

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal, the Army Lapel Button, the Army Service Ribbon, and the Parachutist Badge; and

	c.  Item 18 (Remarks) does not list service in a designated hostile fire pay/imminent danger pay (HFP/IDP) area.

4.  The applicant submitted a copy of a memorandum for record, issued by Headquarters, 3rd Battalion, 75th Ranger Regiment, Fort Benning, GA, confirming his participation in Operation Enduring Freedom from 7 October 2001 to 7 January 2002 and authorizing him to wear the Afghanistan Campaign Medal.

5.  An email message, dated 22 July 2009, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirmed that the applicant received HFP/IDP from 1 October 2001 to 30 November 2001 for service in Afghanistan.

6.  HFP/IDP is a military entitlement paid for any month in which a Soldier was entitled to basic pay and in which he/she was:  subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which the Soldier was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

7.  The applicant submitted a copy of a certificate, dated 22 May 2002, that shows he was presented with the Parachutist Badge with a bronze service star during Operation Enduring Freedom.  He also submitted a copy of Permanent Orders 182-06, issued by Headquarters, 3rd Battalion, 75th Ranger Regiment, Fort Benning, GA, on 1 July 2002, awarding him a bronze service star for successful participation in a combat parachutist jump during the period 19 October 2001 to 9 December 2001. 

8.  The applicant also submitted a copy of a DA Form 638 and a certificate, dated 10 January 2002, that show he was awarded the Army Commendation Medal for outstanding actions as a forward observer in Afghanistan from 19 October 2001 to 20 October 2001.

9.  The applicant's records do not reveal any derogatory information in the form of disciplinary action and/or lost time that would have disqualified him from receiving his first award of the Good Conduct Medal.

10.  The applicant also submitted a copy of a memorandum for record, issued by Headquarters, 3rd Battalion, 75th Ranger Regiment, Fort Benning, GA, on 22 March 2007 that shows the 75th Ranger Regiment and its subordinate battalions is awarded the Joint Meritorious Unit Award for exceptionally meritorious achievement during combat operations in support of Operations Enduring Freedom and Iraqi Freedom from 4 October 2001 to 31 December 2004.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Item 12f is obtained from the Enlisted/Officer Record Brief and shows the total amount of foreign service completed during the period covered in by the DD Form 214.  Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)” is entered in item 18.

12.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the National Defense Service Medal which was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

14.  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 GWOT operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  The GWOTSM may be awarded posthumously.  Service members may be awarded both the GWOT Expeditionary Medal (GWOTEM) and the GWOTSM if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  (1) initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom; and (2) 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 the GWOTSM.

15.  A directive issued by the Department of Defense on 16 April 2008 designated three campaigns with the Afghanistan Campaign Medal (the Liberation of Afghanistan, 11 September 2001 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).  Furthermore, Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.
16.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his foreign service in Afghanistan and all his awards and decorations.  

2.  With respect to the applicant’s service in Afghanistan, the memorandum for record that authorized him award of the Afghanistan Campaign Medal shows he served in Afghanistan from 7 October 2001 to 7 January 2002.  His pay records at DFAS on the other hand show he received HFP/IDP from 1 October 2001 to 30 November 2001 for service in Afghanistan.  

3.  Since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area and since his pay records show that he received HFP/IDP from October to November 2001, the beginning date of his service in Afghanistan is consistent with his pay records; however, his end date of this service in Afghanistan appears to be inconsistent with his pay records at DFAS.  In the absence of additional documentary evidence that confirms the exact return date from Afghanistan, there is insufficient evidence to list his foreign service on his DD Form 214 at this time. 

4.  Although the applicant’s exact period of service in Afghanistan cannot be determined, it appears that he served a sufficient number of days that warranted his chain of command to authorize him an award of the Afghanistan Campaign Medal.  Furthermore, as a result of his campaign participation, he is also authorized at least one bronze service star to be affixed to Afghanistan Campaign Medal.  However, in the absence of additional documentary evidence that confirms the exact return date from Afghanistan, there is insufficient evidence to list the correct number of bronze service stars. 

5.  The evidence of record shows that the applicant served on active duty from 11 March 1999 through 10 March 2002.  Therefore, he served a qualifying period of service for award of the Global War on Terrorism Service Medal and is entitled to correction of his records to show this award.


6.  Permanent orders awarded the applicant the Army Commendation Medal for outstanding actions as a forward observer in Afghanistan from 19 October 2001 to 20 October 2001 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  Permanent orders awarded the applicant the Parachutist Badge with a bronze service star for successful participation in a combat parachutist jump during Operation Enduring Freedom which is not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this award.

8.  The evidence of record shows that the 75th Ranger Regiment and its subordinate battalions was awarded the Joint Meritorious Unit Award for exceptionally meritorious achievement during combat operations in support of Operations Enduring Freedom and Iraqi Freedom from 4 October 2001 to 31 December 2004 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

9.  The evidence of records shows the applicant entered active duty on 11 March 1999 and was honorably released on 10 March 2002.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his records to show this award.

10.  The evidence of record confirms that the applicant served honorably during the period 11 March 1999 through 10 March 2002.  He attained the rank of SPC/E-4, served in Afghanistan, was awarded the Army Commendation Medal, and conducted a combat jump.  There is no indication of any lost time or a record of nonjudicial punishment in his records.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this award.  

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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 March 1999 through 10 March 2002; and

	b.  adding award of the Good Conduct Medal (1st Award), the National Defense Service Medal, the Army Commendation Medal, the Joint Meritorious Unit Award, the Afghanistan Campaign Medal, the Global War on Terrorism Service Medal, and a bronze service star to be affixed to his already-awarded Parachutist Badge 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 the applicant's period of foreign service in Afghanistan.




      _______ _   __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)                                         AR20090005875



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ABCMR Record of Proceedings (cont)                                         AR20090005875



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