IN THE CASE OF:	  

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090012266 


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.

2.  The applicant states that his DD Form 214 does not show his deployed service to Afghanistan from 20 January 2002 to 17 July 2002 in support of Operation Enduring Freedom.

3.  The applicant provides, in support of his application, copies of his DD Form 214; Headquarters, Task Force Rakkasan, 101st Airborne Division (Air Assault), Qandahar International Airport, Afghanistan memorandum, subject: Statement of Service, dated 17 July 2002; and Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY Orders 007-721, dated 7 January 2002 directing his unit's deployment in support of Operation Enduring Freedom, with personnel roster, including the applicant's name.

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 6 May 2000, the applicant entered active duty as a U.S. Army Reserve (USAR) officer.

3.  Orders 007-721, 101st Airborne Division, dated 7 January 2002, deployed the applicant's unit to Afghanistan in support of Operation Enduring Freedom for a maximum period of 365 days commencing on or about 15 January 2002. 

4.  In a memorandum, dated 17 July 2002, the Commander, Task Force Rakkasan, located in Afghanistan, reported that the applicant had served in Logistics Task Force, 626th, Task Force Rakkasan, during the period 20 January 2002 to 17 July 2002 in support of Operation Enduring Freedom.

5.  On 1 January 2006, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement).  He had attained the rank/grade of captain (CPT)/O-3 and he had completed 5 years, 7 months, and 26 days of creditable active duty service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Combat Medical Badge, Expert Field Medical Badge, Air Assault Badge, and the Global War on Terrorism Service Medal.  It does not show award of the Afghanistan Campaign Medal.  

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

8.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that for an active duty Soldier deployed with his or her unit, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in Item 18.

9.  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].

10.  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 award of the Afghanistan Campaign Medal.

2.  Records show 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.

3.  Item 18 of the applicant's DD Form 214 should also be corrected to show that he served in Afghanistan from 20 January 2002 to 17 July 2002.

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 to Item 13 of his DD Form 214 the Afghanistan Campaign Medal with one bronze service star; and

	b.  adding to Item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020120 - 20020717."



      __________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)                                         AR20090012266



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ABCMR Record of Proceedings (cont)                                         AR20090012266



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