IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090011424 


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 award of the Afghanistan Campaign Medal and the Combat Action Badge, and addition of the time he served in Afghanistan to his DD Form 214.

2.  The applicant states, in effect, that he served in Afghanistan from 26 July 2003 through April 2004.  He believes that based on this service and his service with the 41st Engineer Battalion (Combat Engineers) he is entitled to the Afghanistan Campaign Medal and the Combat Action Badge.  Additionally, the applicant states that his foreign service is not reflected on his DD Form 214.

3.  In support of his application, the applicant provided a copy of his DD Form 214 and a copy of a certificate for award of the Army Commendation Medal.

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 requests retroactive award of the Combat Action Badge.  Army Regulation 15-185 (ABCMR), paragraph 2-5, Section II, the regulation under which the ABCMR operates, states that the Board will not consider any application if it determines that applicants have not exhausted all administrative remedies available to them.  There is no evidence in the available record that indicates the applicant submitted a request for award of the Combat Action Badge to the U.S. Army Human Resources Command prior to requesting relief from the ABCMR.

3.  By separate correspondence, the applicant has been provided the proper procedures for requesting the Combat Action Badge.  The applicant has been advised that Army Regulation 600-8-22 (Military Awards) states that applications for retroactive awards of the Combat Action Badge, with supporting documentation, will be forwarded to the U.S. Army Human Resources Command, Attention:  AHRC-PDO-PA, Alexandria, VA  22332-0471.  The applicant has been further advised that should his case not be resolved to his satisfaction and he still feels that an error or injustice exists; he may resubmit an application to this Board and include evidence of the denial of his request from the US Army Human Resources Command.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

4.  The applicant's record shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 12 April 2001.  He was discharged from the USAR DEP on 25 July 2001 and he enlisted in the Regular Army (RA) on 26 July 2001.  Upon successful completion of the required training, he was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).  On 26 September 2003, he was honorably discharged in the rank/grade of Corporal (CPL)/E-4 for the purpose of immediate reenlistment and on 27 September 2003 he reenlisted for four years.  On 22 October 2004, he was discharged with a general, under honorable conditions discharge.  At the time of his discharge, he was serving in the rank/grade of private (PV1)/E-1 and he had served a total of 3 years, 2 months and 27 days of net active service.

5.  Item 12f (Foreign Service) of his DD Form 214 shows he was awarded no credit for his foreign service.  Item 18 (Remarks) of the same DD Form 214 shows he served in Afghanistan from 25 July 2003 through 28 March 2004, for a period of 8 months and 4 days.
6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 shows the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  The Afghanistan Campaign Medal is not shown as an authorized award.

7.  The applicant provided, and his OMPF shows, he was awarded the Army Commendation Medal for meritorious service by Permanent Orders 347-2 that was published by Task Force Gryphon, Bagram Airbase, Afghanistan on 
13 December 2003.  This award is not shown on his DD Form 214.

8.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award, a Soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility.

9.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all land areas 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 Operation Enduring Freedom.

10.  Army Regulation 600-8-22 specifies that service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.

11.  Because the applicant requested award of the Afghanistan Campaign Medal and he has already been awarded the Global War on Terrorism Expeditionary Medal and because the applicable regulation prohibits award of both medal to a 
service member, the applicant was contacted telephonically and asked for his preference.  The applicant requested that the Global War on Terrorism Expeditionary Medal remain on his DD Form 214.
12.  A review of the U.S. Army Human Resources Command's data base for approved unit awards was conducted for awards that may have been approved for the applicant's wartime unit since his separation.  This data base revealed that the 41st Engineer Battalion was approved for award of the Meritorious Unit Commendation for the period 15 February 2003 through 15 April 2004; however, Department of the Army General Orders (DAGO) have not yet been published.  A note is posted on the HRC's data base that unit awards listed on the site are authorized to be added to the Soldier's uniform/record.  Copies of DAGOs are not added to a Soldier's OMPF; therefore, they are not necessary to update a record.

13.  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 for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period),

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Global War on Terrorism Expeditionary Medal.  This award is shown on the applicant's DD Form 214.  According to applicable regulation, the applicant is not entitled to award of both the Afghanistan Campaign Medal and the Global War on Terrorism Expeditionary Medal.  The applicant was contacted telephonically and given the option of choosing which of the two medals he preferred to have on his DD Form 214.  The applicant chose to have the Global War on Terrorism Expeditionary Medal remain on his DD Form 214.  Therefore, he is not entitled to add the Afghanistan Campaign Medal to his DD Form 214.

2.  The evidence shows the applicant was awarded the Army Commendation Medal for meritorious service during the period 25 July 2003 to 1 March 2004.  This award is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant's unit was awarded the Meritorious Unit Commendation for the period 15 February 2003 through 15 April 2004.  The appropriate DAGO has not yet been published; however, copies of DAGOs are not added to a Soldiers OMPF.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.


4.  Item 12f of the applicant's DD Form 214 shows no credit for any foreign service performed during his period of service.  Item 18 of the same DD Form 214 already shows he served in Afghanistan from 25 July 2003 through
28 March 2004.  Therefore, he is entitled to correction of his DD Form 214 to show he was credited with 8 months and 4 days foreign service.

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.  deleting from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 08 04"; and

	b.  adding to item 13 of his DD Form 214 the Army Commendation Medal and the Meritorious Unit Commendation.

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 award of and the addition of the Afghanistan Campaign Medal to 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)                                         AR20090011424



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ABCMR Record of Proceedings (cont)                                         AR20090011424



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