BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090009003 


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 overseas service in Afghanistan.

2.  The applicant states that his DD Form 214 does not show his deployed service. 

3.  The applicant provides, in support of his application, copies of his DA Form 7425 (Readiness and Deployment Checklist) and unit deployment orders with personnel roster.

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.  On 22 January 2004, the applicant enlisted in the Regular Army (RA).  He completed his required training and he was awarded military occupational specialty (MOS) 96B (Intelligence Analyst).  He was subsequently assigned for duty with the 10th Combat Aviation Brigade located at Fort Drum, NY.

3.  Orders 020-707, Headquarters, 10th Mountain Division (Light Infantry), Fort Drum, dated 20 January 2006, ordered the applicant's unit to deploy in support of Operation Enduring Freedom with an effective date of on or about 28 January 2006.  Annex A1 for the orders included by-name listing of deploying Soldiers, which included the applicant's name. 

4.  A DA Form 7425, dated 19 January 2006, shows that the applicant arrived in the Afghanistan theater of operations on 20 January 2006.

5.  On 26 June 2006, the Commander, 10th Combat Aviation Brigade, stationed at Bagram Airfield, Afghanistan, directed that the applicant be separated from the U.S. Army prior to his expiration of his current term of service, under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 6, due to hardship.  His requested availability date was 21 July 2006.

6.  Orders 194-1002, Headquarters, 10th Mountain Division, Fort Drum, dated
13 July 2006, assigned the applicant to the transition point at Fort Drum with an effective date of 21 July 2006.

7.  On 21 July 2006, the applicant was honorably discharged.  He had attained the rank/grade of specialist (SPC)/E-4 and he had completed 2 years and
6 months of creditable active duty service.

8.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show any overseas service.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal and the Army Service Ribbon.  

10.  Item 18 (Remarks) of the applicant's DD Form 214 does not include any remarks regarding his deployed service to Afghanistan.

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f of the total amount of foreign 
service completed during the current period of active duty.  It further provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks). 

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Afghanistan Campaign Medal.  Award of the Afghanistan Campaign Medal is authorized for service in direct support of Operation Enduring Freedom on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility includes all land areas and air spaces of the country of Afghanistan.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: 

   a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;
   
   b.  is medically evacuated from the area of eligibility for wounds or injuries resulting from participation in an operation or official duties; or
   
   c.  participates 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].

13.  A bronze service star is authorized for wear on the Afghanistan Campaign Medal for service in support of the following campaigns: Liberation of Afghanistan (11 September 2001- 30 November 2001); Consolidation I (1 December 2001 - 30 September 2006); and Consolidation II (1 October 2006 - to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas service in Afghanistan.

2.  The available evidence shows that the applicant served in Afghanistan from 20 January to 21 July 2006 (6 months and 2 days).  Therefore, his DD Form 214 should be corrected to show this overseas service.

3.   The applicant served a qualifying period of service for award of the Afghanistan Campaign Medal with one bronze service star.  Therefore, his records should be corrected to show this award. 

4.  Item 18 of the applicant's DD Form 214 should be corrected to show that he served in Afghanistan from 20 January to 21 July 2006.

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:

	a.  deleting from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 06 02";

	b.  adding in Item 13 of his DD Form 214 the Afghanistan Campaign Medal with one bronze service star; and

	c.  adding in Item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20060120 - 20060721."



      ___________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)                                         AR20090009003



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ABCMR Record of Proceedings (cont)                                         AR20090009003



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