IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100000825 


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 20 June 2003 to show his foreign service in Afghanistan and awards for wartime service.  In addition, he requests that the Army Commendation Medal be added to his DD Form 214.

2.  The applicant states that his award of the Army Commendation Medal was omitted from his DD Form 214.  He further states he served in combat in Afghanistan from 31 August 2002 through 25 January 2003 and his DD Form 214 should be corrected to show his foreign service and awards.

3.  The applicant provides:

* Headquarters, U.S. Army Forces Command Commendation Certificate, dated 11 September 2001
* Cold Steel Certificate, dated 4 December 2002
* Headquarters, 3rd Brigade, 82nd Airborne Division, statement of wartime service memorandum, dated 13 December 2002
* Headquarters, 3rd Brigade, 82nd Airborne Division, Permanent Orders 004-200, dated 4 January 2003 
* DD Form 214
* General Discharge Certificate, dated 20 June 2003


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 24 August 2000 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 14S (Avenger Crewman).

3.  Headquarters, 3rd Brigade, 82nd Airborne Division, statement of wartime service memorandum, dated 13 December 2002, shows the applicant was deployed to Afghanistan in support of Operation Enduring Freedom for the period 31 August 2002 through 25 January 2003 and that he was authorized to wear the 82nd Airborne Division shoulder sleeve insignia for former wartime service.

4.  Headquarters, 3rd Brigade, 82nd Airborne Division, Permanent 
Orders 004-200, dated 4 January 2003, show the applicant was awarded the Army Commendation Medal for meritorious service with Task Force Panther in support of Operation Enduring Freedom.

5.  On 20 June 2003, the applicant was discharged from active duty after completing 2 years, 9 months, and 27 days of creditable active service.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.  Item 18 (Remarks) does not show his deployment to Afghanistan.

7.  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.  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 Operation Enduring Freedom.  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 
* Consolidation II – 1 October 2006-date to be determined

8.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.

9.  Army Regulation 635-5 (Separation Documents) states, 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 evidence of record shows the applicant was awarded the Army Commendation Medal.  Therefore, his DD Form 214 should be amended to add this award.

2.  The applicant met the eligibility criteria for award of the Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal.  These awards should be added to his DD Form 214.

3.  The applicant's DD Form 214 does not show service in Afghanistan.  However, Headquarters, 3rd Brigade, 82nd Airborne Division, statement of wartime service memorandum, dated 13 December 2002, confirmed that he served in Afghanistan in support of Operation Enduring Freedom for the period 31 August 2002 through 25 January 2003.  Therefore, his DD Form 214 should be amended to read "0000" years, "04" months, and "25" days in item 12f (Foreign Service) and to add "SERVICE IN AFGHANISTAN FROM 20020831-20030125" to 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 item 12f of his DD Form 214 to read, "0000" year(s), 
"04" month(s), and "25" day(s);

	b.  amending item 13 of his DD Form 214 to add:

* Army Commendation Medal
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal

	c.  amending item 18 of his DD Form 214 to add "SERVICE IN AFGHANISTAN FROM 20020831-20030125."



      ___________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)                                         AR20100000825



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ABCMR Record of Proceedings (cont)                                         AR20100000825



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