IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100017126 


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 Afghanistan Campaign Medal.

2.  The applicant states he was assigned to the 307th Forward Support Battalion, 82nd Airborne Division, and served in Afghanistan in support of Operation Enduring Freedom from 8 December 2002 to 25 July 2003.  He also states he qualified for award of the Afghanistan Campaign Medal; however, the service medal was authorized after he separated from active duty.

3.  The applicant provides a copy of his DD Form 214.

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 and entered active duty in the Regular Army for a period of 4 years on 12 September 2000.  Upon completion of training he was awarded military occupational specialty 63W (Wheel Vehicle Recovery Specialist).

3.  A DD Form 214 shows the applicant was honorably released from active duty on 11 September 2004 based on completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 4 years of net active service.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.

   b.  Item 18 (Remarks) shows he served in Afghanistan from 8 December 2002 to 25 July 2003.

4.  During the processing of this case, an ABCMR staff member contacted the applicant to confirm that he preferred award of the Afghanistan Campaign Medal in lieu of the GWOTEM for his service in support of Operation Enduring Freedom.  In response, he indicated his preference for award of the Afghanistan Campaign Medal.

5.  A review of the applicant's military personnel records reveals that he may be authorized an additional award that is not shown on his DD Form 214.

6.  Headquarters, Logistics Task Force 307, 82nd Airborne Division, Permanent Orders 109-17, dated 19 April 2003, awarded the applicant the Driver and Mechanic Badge with Mechanic Component Bar for service from 1 April 2002 to 1 April 2003.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Afghanistan Campaign Medal (ACM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility (AOE) encompasses 


all land area of the country of Afghanistan and all air spaces above the land area.  The ACM period of eligibility is on or after 24 October 2001 to a date to be determined by the Secretary of Defense or the cessation of OEF:

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

* Liberation of Afghanistan (11 September - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - date to be determined)
 
	b.  Only one award of the ACM may be authorized for any individual.  No service member will be entitled to both the ACM and GWOTEM for the same act, achievement, or period of service.  Upon application, a service member may be authorized the ACM in lieu of the GWOTEM for such service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the ACM because he served in support of OEF before the service medal was authorized and he requests it in lieu of the GWOTEM.

2.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Afghanistan).  Records also show the applicant qualified for award of the ACM in lieu of the GWOTEM based on his service in support of OEF.

   a.  The applicant requests award of the ACM in lieu of the GWOTEM.  

   b.  The applicant's records show he served in Afghanistan during the Consolidation I campaign.

   c.  Therefore, it would be appropriate to correct his records to show award of the ACM with one bronze service star.

3.  Permanent orders awarded the applicant the Driver and Mechanic Badge with Mechanic Component Bar.  Therefore, it would be appropriate to correct his
DD Form 214 to show this badge.



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 Global War on Terrorism Expeditionary Medal and
   
   b.  adding to item 13 of his DD Form 214 the Afghanistan Campaign Medal with one bronze service star and Driver and Mechanic Badge with Mechanic Component Bar.




      _______ _   _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)                                         AR20100017126



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ABCMR Record of Proceedings (cont)                                         AR20100017126



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