IN THE CASE OF:	  

		BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090010989 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge and his deployment to Afghanistan.
 
2.  The applicant states that the Combat Action Badge and his deployment from January 2007 to April 2008 are not documented on his DD Form 214.

3.  The applicant provides an award certificate for the Combat Action Badge in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 August 2004, served as a medical logistics specialist, and was discharged under honorable conditions (general discharge) on 3 March 2009 for misconduct.

2.  The applicant's DD Form 214 shows the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Parachutist Badge as authorized awards.  Item 18 (Remarks) of his DD Form 214 does not show any deployments. 

3.  There are no orders for the Combat Action Badge in the available records.  However, the applicant provided an award certificate, dated 12 January 2008, which shows he was awarded the Combat Action Badge for combat action – having been personally present and under direct hostile enemy fire during combat operations in Afghanistan – in direct support of Operation Enduring Freedom (OEF) on 22 March 2007 while assigned to the 82nd Airborne Division.

4.  Orders show the applicant received the Army Commendation Medal for meritorious service while deployed in support of OEF in Afghanistan from 29 January 2007 to 19 April 2008.

5.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire pay/imminent danger pay from 5 February 2007 to 14 April 2008.

6.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

7.  Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized for service from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

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.  Army Regulation 635-5 (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 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 item 18.

DISCUSSION AND CONCLUSIONS:

1.  The award certificate for the Combat Action Badge provided by the applicant is accepted as sufficient evidence on which to amend his DD Form 214 by adding this badge.

2.  The DFAS information and the orders for the Army Commendation Medal which show the applicant served in Afghanistan from 29 January to 19 April 2008 are accepted as sufficient evidence on which to amend item 18 of the applicant’s DD Form 214.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Afghanistan from 29 January 2007 to 19 April 2008.

3.  Based on the applicant's service in Afghanistan, he is eligible for award of 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:

	a.  adding the Combat Action Badge and the Afghanistan Campaign Medal with one bronze service star to his DD Form 214; and

	b.  adding the entry "SERVICE IN AFGHANISTAN FROM 20070129-20080419" to item 18 of his DD Form 214.



      ____________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)                                         AR20090010989



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ABCMR Record of Proceedings (cont)                                         AR20090010989



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