BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100012928
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 award of the Afghanistan Campaign Medal.
2. The applicant states that after conducting research, he determined he could correct his record through the Army Board for Correction of Military Records (ABCMR) to show award of the Afghanistan Campaign Medal in lieu of his already-awarded Global War on Terrorism Expeditionary Medal.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 April 2005 in support of his application.
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 U.S. Army Reserve (USAR) on 20 September 1997. He completed his initial entry training and was awarded military occupational specialty 91A (Medical Equipment Repairer).
3. On 1 February 2004, the applicant was ordered to active duty in support of Operation Enduring Freedom with his USAR unit, the 325th Medical Hospital.
4. He was honorably released from active duty on 11 April 2005 upon the completion of his required active service. He was issued a DD Form 214 confirming he completed 1 year, 2 months, and 17 days of net active service with 1 year and 1 day of foreign service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:
* Army Commendation Medal
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal
* GWOTEM
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Lapel Button
6. Item 18 (Remarks) of his DD Form 214 shows he served in Afghanistan, an imminent danger pay area, from 16 March 2004 to 15 March 2005.
7. Army Regulation 600-8-22 (Military Awards) states initial award of the GWOTEM was limited to service members deployed abroad in Operation Enduring Freedom (OEF) and Operation Iraqi Freedom in designated specific geographic areas of eligibility, including Afghanistan.
8. Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF. The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area. The 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. 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 GWOTEM, 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. In addition, a bronze service star is authorized for wear with this medal for participation in each credited campaign. During the applicant's tour in Afghanistan, he served in the Consolidation I campaign (1 December 2001 to 30 September 2006).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for his service in Afghanistan from 16 March 2004 to 15 March 2005.
2. His request to correct his record to show the Afghanistan Campaign Medal in lieu of the GWOTEM has merit. His DD Form 214 shows he served in the country of Afghanistan for more than 30 consecutive days after 24 October 2001.
3. Based upon his application to the ABCMR, his record should be corrected by removing the GWOTEM and awarding him the Afghanistan Campaign Medal. The evidence also shows he participated in the Consolidation I campaign. Therefore, he is entitled to have his records corrected to show the Afghanistan Campaign Medal with one bronze service star.
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 is 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
removing from item 13 of his DD Form 214 with a separation date of 11 April
2005 the GWOTEM and adding the Afghanistan Campaign Medal with one bronze service star.
____________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) AR20100012928
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ABCMR Record of Proceedings (cont) AR20100012928
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