IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007475 


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 correct dates for his participation in Operation Enduring Freedom (OEF).

2.  The applicant states he served in a designated imminent danger zone from March 2005 through March 2006.  In item 18 (Remarks) of his DD Form 214, the dates are displayed as "20051222 to 20060214" which reflects he served in Afghanistan for 55 days and not the 365 days he actually served.  He contends that he did not catch the error until recently while applying for education benefits.  He adds that as a war veteran and active reservist, he should receive all the benefits that he is entitled.

3.  The applicant provides the following:

* A copy of Orders 04-275-00006, dated 1 October 2004, 7th Army Reserve Command, individual mobilization orders for OEF
* A copy of Permanent Orders 275-1, dated 1 October 2004, Headquarters (HQ), U.S. Army, Europe and 7th Army, unit mobilization orders for OEF
* A copy of Orders T-05-315-0006, dated 10 November 2004, HQ, 7th Army Reserve Command, Temporary Change of Station (TCS) orders
* A copy of his DD Form 214, dated 13 May 2006




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 initially enlisted in the United States Army Reserve (USAR) in the Delayed Entry Program (DEP) on 26 August 1988 for a period of 8 years.  He was released from DEP status on 7 September 1998 and enlisted in the Regular Army on 8 September 1988 for a period 4 years.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was released from active duty (REFRAD) and transferred to the USAR Control Group (Reinforcement), St. Louis, Missouri on 6 February 1991.  After several reenlistments and unit assignments in the USAR, the applicant is currently serving as a sergeant in an Army Reserve Troop Program Unit. 

3.  The orders provided by the applicant indicate he was ordered to active duty on 15 November 2004 and REFRAD on 13 May 2006 in support of OEF. 

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal (3rd Award), National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, Humanitarian Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), and the Armed Forces Reserve Medal with "M" Device.

5.  Item 18 (Remarks) of the applicant's DD Form 214, dated 13 May 2006, shows the entry “SERVICE IN AFGHANISTAN FROM 20051222-20060214."  

6.  A copy of an email transmission between the ABCMR and the Defense Finance and Accounting Service (DFAS), dated 23 June 2010, shows the applicant received Hostile Fire/Imminent Danger Pay (HF/IDP) and Combat Zone Tax Exclusion (CZTE) during the period 20 March 2005 through 31 March 2006 for service in Afghanistan. 
7.  Review of the applicant's personnel records indicates that he is entitled to additional awards that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant participated in the Consolidation I (1 December 2001-30 September 2006) campaign.  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs, in pertinent part, that 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.

10.  Paragraph 2-4 of Army Regulation 635-5 also indicates that for a Reserve Soldier ordered to active duty and deployed to a foreign country enter the following three statements in item 18 of the DD Form 214:  

   a. “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)”; 
   
   b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"; and 
   
   c. “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show the correct dates for his participation in Operation Enduring Freedom (OEF) was carefully considered and is supported by the evidence. 

2.  The applicant was awarded the Afghanistan Campaign Medal.  In addition, he is authorized to wear one bronze service star on this medal and to have his DD Form 214 reflect this.

3.  The evidence confirms that during the period covered by the DD Form 214, dated 13 May 2006, the applicant served in Afghanistan during the period 
20 March 2005 through 31 March 2006.  As a result, it would be appropriate to amend his DD Form 214 by deleting the entry in Item 18 “SERVICE IN AFGHANISTAN FROM 20051222-20060214” and replacing it with the entry “SERVICE IN AFGHANISTAN FROM 20050320-20060331."  

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 amending his DD Form 214, dated 13 May 2006 as follows:

      a.  Item 13 - adding one bronze service star for wear on his already-awarded Afghanistan Campaign Medal; and
      
      b.  Item 18 – deleting the entry “SERVICE IN AFGHANISTAN FROM 20051222-20060214” and replacing it with “SERVICE IN AFGHANISTAN FROM 20050320-20060331."




      ___________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)                                         AR20100007475





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ABCMR Record of Proceedings (cont)                                         AR20100007475



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