IN THE CASE OF:	  

		BOARD DATE:	      14 OCTOBER 2009

		DOCKET NUMBER:  AR20090007955 


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, in effect, that he received notification from an archives technician who stated that no record was found awarding him the Afghanistan Campaign Medal.  He states he is authorized award of the Afghanistan Campaign Medal based on his deployment to Afghanistan with the 2nd Battalion, 187th Infantry in January 2002.   

3.  The applicant provides the following evidence in support of his application.

	a.  Orders 003-715 (first page only), dated 3 January 2002, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY reassigning and deploying unknown unit or units to Headquarters, U.S. Central Command effective 15 January 2002 in support of Operation Enduring Freedom.  

	b.  A memorandum, dated April 2002, published by Task Force 2nd Battalion, 187th Infantry Regiment, 101st  Airborne Division (Air Assault), Qandahar International Airport, Afghanistan releasing the applicant from the task force and returning him to his home station for transition leave. 

	c.  Orders L106-04, dated 16 April 2002, issued by U.S. Army Central Command-Kuwait amending Orders 003-715 redeploying the applicant to home station.

	d.  Permanent Orders 071-642, dated 12 March 2002, issued by Headquarters, 10th Mountain Division, CJTF [Combined Joint Task Force] Mountain, APO AE 09354 (Bagram U.S. Air Force Airfield, Afghanistan) awarding the applicant the Combat Infantryman Badge.  The period of service for this award was from 2 March to 10 March 2002. 
	
	e.  DA Form 67-9 (Officer Evaluation Report) with an ending date of 12 March 2002, signed on 12 May 2002.

	f.  Afghanistan Campaign Medal Fact Sheet published by Headquarters, Department of the Army. 

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, a commissioned officer in the U.S. Army Reserve (USAR), entered active duty on 1 July 1998 with a 4-year active duty commitment from the USAR Officers' Training Corps.  He successfully completed all required professional schooling and he was assigned to Company B, 2nd Battalion, 187th Infantry, 101st Airborne Division (Air Assault).  

3.  The applicant was honorably released from active duty on 1 July 2002 upon completion of his required active service and he was transferred to the USAR Control Group (Reinforcement).  He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he completed 4 years and
1 day of net active service with 3 months and 1 day of foreign service.  The country or location where he performed his foreign service was not identified in the remarks section of his DD Form 214.



4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 
1 July 2002 shows the following awards:  Army Achievement Medal (1st Oak Leaf Cluster), National Defense Service Medal, Combat Infantryman Badge, Parachutist Badge, Air Assault Badge, and Ranger Tab.

5.  The applicant entered the Missouri Army National Guard (MOARNG) as a commissioned officer and he was assigned to the 70th Troop Command (Forward).  He was mobilized on 6 June 2005 in support of Operation Iraqi Freedom and he served for 10 months and 8 days on active duty.  He was released from active duty on 13 April 2006 and he was transferred back to the MOARNG.

6.  Item 13 of the applicant's DD Form 214 for the period ending 13 April 2006 shows the following awards:  Bronze Star Medal, Army Commendation Medal (1st Oak Leaf Cluster), Army Achievement Medal (1st Oak Leaf Cluster), National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, Armed Forces Reserve Medal with "M" [Mobilization] Device, Iraqi Campaign Medal, Combat Infantryman Badge, Parachutist Badge, Air Assault Badge, and Ranger Tab.

7.  In the processing of this case, a staff of the Board contacted the Defense Finance and Accounting Service (DFAS) for verification of deployments.  By email, DFAS established that the applicant received hostile fire pay/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 15 January 2002 through 16 April 2002.   

8.  In support of his request, the applicant provided Permanent Order 171-642, dated 12 March 2002, issued by CJTF Mountain located at Baghram Air Force Base, Afghanistan, awarding him the Combat Infantryman Badge for ground combat actions during the period 2 March 2002 to 10 March 2002.  He also submits a DA Form 67-9 for the period ending 12 March 2002 that states he and his battalion "engaged in combat operations against Al Qaeda and Taliban forces in Eastern Afghanistan."  	

9.  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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  be engaged in combat 
during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties;  is wounded or injured and requires medical evacuation from the area of eligibility; or while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility.

10.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the Afghanistan Campaign Medal (ACM).  It states, in pertinent part, that one bronze service star will be worn on the ACM for one or more days of participation in each designated campaign phase.  Approved designated ACM campaign phases and inclusive periods are listed below:

Liberation of Afghanistan/11 Sep 2001 – 30 Nov 01
Consolidation I/1 Dec 2001 – 30 Sep 2006
Consolidation II/1 Oct 06 – Date to be determined

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

The DFAS evidence shows the applicant received HF/IDP and CZTE for the country of Afghanistan for more than 30 consecutive days after 24 October 2001.  Evidence also shows he participated in the Consolidation II designated campaign phase.  Therefore, he is entitled to have his records corrected to show the Afghanistan Campaign Medal with one bronze service star.





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 to item 13 of his DD Form 214 for the period ending 13 April 2006 the Afghanistan Campaign Medal with one bronze service star.



      ___________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)                                         AR20090007955



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ABCMR Record of Proceedings (cont)                                         AR20090007955



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