IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090017202 


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) for the period ending 28 July 2006 to show the Army Commendation Medal and all awards and decorations he is entitled to for his service on Operation Enduring Freedom (OEF).  In addition, he requests that his service in Afghanistan be added to his DD Form 214.

2.  The applicant states, in effect, that the above awards and service should be added to his DD Form 214.

3.  The applicant provides copies of his DD Form 214; Headquarters, Combined Task Force Bayonet Permanent Orders Number 276-03, dated 3 October 2005; an Army Human Resources System Soldier Deployment History Out-processing Report, prepared on 18 January 2006; and an Enlisted Record Brief, prepared on 14 March 2005.

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 enlisted in the Regular Army on 28 July 2004 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Infantryman).

3.  Headquarters, Combined Task Force Bayonet Permanent Orders Number 276-03, dated 3 October 2005, show that the applicant received the Army Commendation Medal for service in Afghanistan during the period 15 July 2005 through 1 November 2005.

4.  On 28 July 2006, the applicant was discharged under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations) by reason of pattern of misconduct after completing 2 years and 1 day of creditable active service. 

5.  His DD Form 214 shows he was awarded the Global War on Terrorism Service Medal, the Army Service Ribbon, and the Parachutist Badge.  Item 12f (Foreign Service) of his DD Form 214 does not show the total amount of foreign service completed and Item 18 (Remarks) does not show his deployment to Afghanistan. 

6.  The applicant's records do not show award of the Afghanistan Campaign Medal.

7.  On 12 February 2010, the Defense Finance and Accounting Service (DFAS) confirmed the applicant served in Afghanistan during the period 17 July 
2005 through 6 November 2005.

8.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (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.  A bronze service star is authorized for 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 – Date to be determined.

9.  Army Regulation 600-8-22 provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995 and 11 September 2001 and a date to be determined.  [By email from the Human Resources Command, Awards Branch to an ABCMR Analyst states, unless there is evidence that a Soldier does not have one day of honorable active service, then the Soldier is eligible for NDSM regardless of the character of service specified on the DD Form 214.]

10.  Army Regulation 635-5 states, for Item 12f, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).  In item 18, for active duty Soldiers deployed with their 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 met the eligibility criteria for award of the Afghanistan Campaign Medal with two bronze service stars for his service in Afghanistan and for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

2.  Evidence of record shows that the applicant was awarded the Army Commendation Medal.  His DD Form 214 should be amended to add this award.

3.  The applicant's DD Form 214 does not show his deployment to Afghanistan.  His DD Form 214 should be amended to read "0000" years, "03" months, and "16" days in item 12f and to add "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20050716-20051101" in item 18.

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.  amending his DD Form 214 in item 12f to read "0000" years, "03" months, and "16" day(s); 

	b.  amending his DD Form 214 in item 13 to add the Afghanistan Campaign Medal with two bronze stars, the National Defense Service Medal, and the Army Commendation Medal; and 
	
	c.  amending his DD Form 214 in item 18 to add "SERVICE IN OPERATION ENDURING FREEDOM (AFGHANISTAN) FROM 20050716-20051101."



      _______ _   _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)                                         AR20090017202





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ABCMR Record of Proceedings (cont)                                         AR20090017202



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