IN THE CASE OF:	  

		BOARD DATE:	  17 February 2010

		DOCKET NUMBER:  AR20090014067 


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 the Armed Forces Service Medal (AFSM).

2.  The applicant states, in effect, he participated in emergency relief operations during Hurricanes Katrina and Rita and qualified for the AFSM; however, he was not notified of the award until after he retired from active duty.

3.  The applicant provides, in support of his application, copies of award documents pertaining to his Army Commendation Medal and an internet page that describes the criteria for the AFSM.

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's DA Form 2-1 (Personnel Qualification Record) shows in:
 
	a.  item 5 (Oversea Service), in pertinent part, that he served in Kandahar, Afghanistan, from 10 June 2002 to 23 February 2003; and

	b.  item 9 (Awards, Decorations and Campaigns) the Expert Marksmanship Qualification Badge with (M-16) Rifle and Grenade Bars.  However, it does not show the Armed Forces Service Medal.

3.  The applicant's DD Form 214, coupled with a DD Form 215 (Correction to
DD Form 214), dated 12 June 2007, shows he entered active duty this period on 8 February 1988, he retired on 31 March 2006, and he transferred to the U.S. Army Reserve (USAR) Control Group (Retired).  It also shows in:

   a.  item 12 (Record of Service) he completed 18 years, 1 month, and 23 days of net active service this period; 3 years, 6 months, and 28 days of total prior active service; and 4 years, 1 month, and 29 days of total prior inactive service; and

   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Bronze Star Medal, Meritorious Service Medal
(4th Award), Army Commendation Medal (5th Award), Army Achievement Medal (7th Award), Army Superior Unit Award, Army Good Conduct Medal (6th Award), Army Reserve Components Achievement Medal, National Defense Service Medal (3rd Award), Global War of Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Humanitarian Service Medal (2nd Award), Armed Forces Reserve Medal (2nd Award) with "M" Device, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon, Army Reserve Components Overseas Training Ribbon (7th Award), and the Expert Infantryman Badge.

4.  Item 18 (Remarks) of the applicant's DD Form 214 does not show he served in Afghanistan.

5.  In connection with the processing of this case, the Army Military Pay Operations - Indianapolis, Defense Finance and Accounting Service (DFAS), Indianapolis, IN, was asked to verify the period of service the applicant was authorized hostile fire/imminent danger pay (HF/IDP).  DFAS responded that the applicant received HF/IDP for service in a combat zone (Afghanistan) from
6 June 2002 through 22 February 2003.

6.  There is no evidence in the applicant's military personnel records that shows he was awarded the AFSM for his service in direct support of Hurricanes Katrina and Rita.

7.  The applicant provides the following documents in support of his request:

	a.  A DA Form 638 (Recommendation for Award) and DA Form 4980-14 (The Army Commendation Medal Certificate) that show Headquarters, 225th Engineer Group, Pineville, LA, Permanent Orders Number 349-001, dated 15 December 2005, awarded the applicant the Army Commendation Medal (5th Award) for meritorious service while conducting emergency relief operations during Hurricanes Katrina and Rita from 29 August to 23 November 2005.  At the time he was assigned to Headquarters and Services Company, 769th Engineer Battalion (Combat) (Heavy), Baton Rouge, LA.

   b.  A printout from the USAMilitaryMedals.com website that describes the AFSM.

8.  Department of Defense 1348.33-M (Manual of Military Decorations and Awards) provides the policy, criteria, and administrative instructions concerning military awards and decorations.  This manual provides that the AFSM may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for one or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria: (1) be engaged in direct support for
30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.   

9.  The U.S. Army Human Resources Command, Military Awards Branch website at www.hrc.army.mil, in pertinent part, lists awards issued since the Cold War.  This website shows that the AFSM is authorized for disaster relief efforts in direct support of Hurricanes Katrina and Rita from 27 August 2005 to 27 February 2006 in Alabama, Louisiana, Mississippi, and Texas (east of 96 degrees west longitude).


10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

   b.  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions for:
   
       (1)  item 13 state list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records.  Do not use abbreviations; and

	    (2)  item 18 state use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states, in pertinent part, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the AFSM because he participated in emergency relief operations during Hurricanes Katrina and Rita and qualifies for the award.

2.  Permanent orders awarded the applicant the Army Commendation Medal
(5th Award) for meritorious service while conducting emergency relief operations during Hurricanes Katrina and Rita in Louisiana from 29 August to 23 November 2005.  Thus, the evidence of record shows the applicant was a member of a unit participating in the operation within the designated area of eligibility and he served a qualifying period for award of the AFSM.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.


3.  Records show the applicant qualified for and he was awarded the Expert Marksmanship Qualification Badge with (M-16) Rifle and Grenade Bars.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge with the respective component bars.

4.  Records confirm that the applicant served in Afghanistan from 6 June 2002 through 22 February 2003.  Therefore, it would be appropriate to correct item 18 of his DD Form 214 to show this foreign service.

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 Armed Forces Service Medal and Expert Marksmanship Qualification Badge with Rifle and Grenade Bars; and

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020606-20030222."



      ___________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)                                         AR20090014067



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ABCMR Record of Proceedings (cont)                                         AR20090014067



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