IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100013478 


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 he served in Afghanistan and his record should be corrected to show this award.

3.  The applicant provides a copy of Orders 177-73 issued by Headquarters, 82nd Airborne Division, dated 26 June 2002.

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 19 January 1999 for a period of 4 years.  He completed his initial entry training and he was awarded military occupational specialty 63S (Heavy Wheeled Vehicle Mechanic).  
3.  The applicant was honorably released from active duty on 18 January 2003 upon completion of his required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that confirms he completed 4 years of net active service with 1 year, 6 months, and 9 days of foreign service.  The country or location where he performed his foreign service was not identified in Item 18 (Remarks) of his DD Form 214.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards: 

* Army Commendation Medal 
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

5.  A review of his Official Military Personnel File (OMPF) contained on the interactive Personnel Electronic Records Management System (iPERMS) revealed permanent orders awarded him the:

* Army Commendation Medal for the period 6 to 7 November 2001 by Permanent Orders 088-10, Headquarters, 82d Aviation Brigade,
82d Airborne Division, dated 29 March "2001"
* Mechanic's Badge [correctly known as the Driver and Mechanic Badge with Mechanic Bar] for the period May 2000 to April 2001 by Permanent Orders 127-6, Headquarters 1st Battalion, 72nd Armor Regiment, dated
7 May 2001
* Army Good Conduct Medal (1st Award) for the period 19 January 1999 to 18 January 2002 by Permanent Orders 154-106, 82d Soldier Support Battalion (Airborne), 82d Airborne Division, dated 3 June 2002 
* Army Commendation Medal for the period 20 January 2002 to 10 January 2003 by Permanent Orders 299-10, Headquarters, 3d Brigade,
82d Airborne Division, dated 26 October 2002 

6.  In the processing of this case, a staff member of the Board contacted the Defense Finance and Accounting Service (DFAS) for verification of his deployment history.  By email, DFAS established that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 15 June 2002 through 15 November 2002.

7.  The applicant provided unit temporary change of station orders showing his unit, Headquarters and Headquarters Company, 505th (Parachute) Infantry Regiment, 82nd Airborne Division, was assigned to the operational control of U.S. Central Command.  The effective date of assignment was on or about 8 July 2002.  He did not provide a copy of the manifest showing a by-name listing of the Soldiers who deployed.

8.  References:

	a.  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).  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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are the:

* 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)

	b.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

	c.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

	d.  Army Regulation 635-5, in pertinent part, states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received HF/IDP and CZTE for the country of Afghanistan for more than 30 consecutive days after 24 October 2001.  Evidence also shows he participated in Consolidation II, a designated campaign phase for the Afghanistan Campaign Medal.  Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

2.  Based on his documented service in Afghanistan, he is entitled to correction of his DD Form 214 to show his service in Afghanistan from 15 June 2002 - 15 November 2002.

3.  As the applicant was serving on active duty after 11 September 2001, and for at least 30 consecutive days thereafter in support of the War on Terrorism, he is entitled to the Global War on Terrorism Service Medal and correction of his
DD Form 214 to show this award. 

4.  Permanent orders awarded the applicant the following awards and badge.  Therefore, he is entitled correction of his DD Form 214 to show the:

* Army Commendation Medal (2nd Award)
* Good Conduct Medal (1st Award)
* Driver and Mechanic Badge with Mechanic  Bar

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.  deleting from item 13 of his DD Form 214 the Army Commendation Medal;

	b.  adding to item 13 of his DD Form 214 the Army Commendation Medal (2nd Award), Army Good Conduct Medal (1st Award), Afghanistan Campaign Medal with one bronze service star, Global War on Terrorism Service Medal, and the Driver and Mechanic Badge with Mechanic Bar; and

	c.  adding to item 18 of his DD Form 214 the entry, "SERVICE IN AFGHANISTAN FROM 20020615 - 20021115."



      _______ _ 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)                                         AR20100013478



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ABCMR Record of Proceedings (cont)                                         AR20100013478



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