IN THE CASE OF:	

		BOARD DATE:	4 February 2010  

		DOCKET NUMBER:  AR20090014307 


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 he served in military occupational specialty (MOS) 27D2S (Paralegal Specialist-Special Forces).  He also requests award of the Afghanistan Campaign Medal with one bronze service star. 

2.  The applicant states that he was awarded MOS 27D2S prior to his release from active duty.  He adds that he was awarded the Global War on Terrorism Expeditionary Medal for his service in Colombia, South America; however, he also served in Afghanistan from July to November 2002; therefore, he is entitled to the Afghanistan Campaign Medal with appropriate campaign stars. 

3.  The applicant provides a copy of his DD Form 214, dated 19 July 2004; a copy of Orders 147-1, issued by Headquarters, U.S. Army Special Operations Command, Fort Bragg, NC, dated 26 May 2004; a copy of his DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel for Department of Defense (DOD) Personnel), dated 15 September and 13 June 2003; a copy of Orders 077-2, issued by Headquarters, 7th Special Forces Group, Fort Bragg, NC, dated 18 March 2003; and a copy of Permanent Orders 170-028, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, dated 19 June 2002, in support of his request.

4.  On 19 January 2010, the applicant submitted a copy of his DA Form 638 (Recommendation for Award), dated 25 May 2004, for 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's records show he enlisted in the Regular Army for a period of 4 years on 22 August 2000.  He completed basic training and advanced individual training and was awarded MOS 27D.  He also completed airborne training on 16 March 2001.  He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 7th Special Forces Group (Airborne).

3.  The applicant's records also show he served in Afghanistan from 1 July to
11 November 2002.  He was assigned and/or attached to the Office of the Staff Judge Advocate, Combined Joint Task Force 180. 

4.  On 6 June 2003, the applicant was issued TDY orders for a period of 51 days (later amended to 99 days), departing Fort Bragg, NC, on or about 30 June 2003, to participate in PAT [unknown acronym] C2 (Command and Control) Operational Detachment Charlie in Colombia. 

5.  On 26 May 2004, Headquarters, U.S. Army Special Operations Command, Fort Bragg, NC, published Orders 147-1 withdrawing primary MOS 27D2P and awarding the applicant primary MOS 27D2S, effective this date.  The applicant held primary MOS 27D2S until he was separated.

6.  19 July 2004, the applicant was honorably released from active duty in the rank of sergeant and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 3 years, 10 months, and 28 days of creditable active military service.  This form further shows the following entries:

	a.  Item 11 (Primary Specialty) shows the entry "27D2P Paralegal Specialist"; 

	b.  Item 12f (Foreign Service) shows the entry “0000 07 12”; 
	c.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal (2nd Award), the Joint Meritorious Service Medal, the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Noncommissioned Officer's Professional Development Ribbon, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, the Air Assault Badge, the Driver and Mechanic Badge with Driver-W Bar, and the Bronze German Armed Forces Parachutist Badge.

	d.  Item 18 (Remarks) shows the entry "Service in Operation Enduring Freedom (OEF) (Afghanistan) from 20020701 to 20021111."

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Item 11 shows the primary specialty, obtained from the Enlisted Record Brief and shows the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For an enlisted Soldier, it also shows the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable.  Item 12f is obtained from the Enlisted/Officer Record Brief and shows the total amount of foreign service completed during the period covered in by the DD Form 214.  Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)” is entered in item 18.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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 the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  

		(1)  Engage in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE. 

		(2)  Is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or 

		(3)  Participate as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of OEF and/or Iraqi Freedom are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal. 

	b.  The complete listing of AOEs for award of the Global War on Terrorism Expeditionary Medal (as amended by All Army Activities Message, dated 23 September 2005) for service members deployed abroad in OEF/OIF include  the following designated specific geographic areas of eligibility: Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Colombia, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Guantanamo Bay, Cuba, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.

	c.  The Afghanistan Campaign Medal is authorized to members of the Armed Forces of the United States who 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.  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. The following rules apply to award of the Afghanistan Campaign Medal: the Afghanistan Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:

		(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties; 

		(2)  is wounded or injured and requires medical evacuation from the area of eligibility; or 

		(3)  while participating 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. 

	d.  A directive issued by the Department of Defense on 16 April 2008 designated three campaigns with the Afghanistan Campaign Medal (the Liberation of Afghanistan, 11 September 2001 to 30 November 2001; the Consolidation I, 1 December 2001 to 30 September 2006; and the Consolidation II, 1 October 2006 to a date to be determined).  Furthermore, Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct MOS and award of the Afghanistan Campaign Medal with a bronze service star. 

2.  With respect to the applicant’s MOS, the evidence of record shows that prior to discharge, the applicant was awarded primary MOS 27D2S, effective 26 May 2004, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to include this MOS.

3.  With respect to the Global War on Terrorism Expeditionary Medal and/or the Afghanistan Campaign Medal, the evidence of record shows the applicant served in Afghanistan from 1 July 2002 to 11 November 2002.  The available evidence indicates he was awarded the Global War on Terrorism Expeditionary Medal for this service.  However, no service member is authorized both medals for the same act, achievement, or period of service.  

4.  With respect to his service in Colombia, the applicant submitted copies of his TDY orders to Colombia; however, there is no indication that he completed this period of TDY and/or if the purpose of this TDY was in support of the Global War on Terror.  Absent evidence that indicates his TDY was in support of the Global War on Terror, there is insufficient evidence to award him the Global War on Terrorism Expeditionary Medal in this case.

5.  If the applicant can provide evidence to show he was TDY in Colombia in support of the Global War on Terror for a sufficient period of service, he may reapply for award of the Afghanistan Campaign Medal (with the Global War on Terrorism Expeditionary Medal then being applied to his service in Colombia).

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 deleting from item 11 of his DD Form 214 the entry "27D2P" and adding the entry "27D2S."

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 Afghanistan Campaign Medal and/or any bronze service stars. 




      _______ _   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)                                         AR20090014307



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ABCMR Record of Proceedings (cont)                                         AR20090014307



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