IN THE CASE OF:	  

		BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100017567 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 December 2003 to show the Afghanistan Campaign Medal with a campaign star for participation in the Consolidation I campaign in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) and to add the Army Achievement Medal.

2.  He states the Afghanistan Campaign Medal was not yet created nor were any campaign stars authorized at the time of his separation.  He did not have supporting documents for the Army Achievement Medal when his DD Form 214 was issued.

3.  He provides the following documents in support of his application:

* deployment orders, dated 20 May 2003, with a by-name listing
* memorandum for record, dated 25 September 2003
* DD Form 214 for the period ending 19 December 2003
* DD Form 215 (Correction to DD Form 214), dated 17 February 2006
* Army Achievement Medal Certificate, dated 23 June 1999
* Military Personnel Message Number 08-123, issued 30 April 2008



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 Army National Guard on 9 February 1996.

3.  His record contains (and he also provided) a certificate, dated 23 June 1999, which shows he was awarded the Army Achievement Medal for outstanding performance and displaying concern for fellow Soldiers during annual training 1999 by Permanent Order Number 6-17.

4.  He was ordered to active duty on 20 December 2001 in support of Operation Enduring Freedom.

5.  His DD Form 214 shows he served in Afghanistan from 29 May 2003 to 29 September 2003.  He was released from active duty on 19 December 2003.

6.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the Army Achievement Medal as an authorized award.

7.  A DD Form 215, dated 17 February 2006, added the Global War on Terrorism Service Medal and the GWOTEM to item 13 of his DD Form 214 for the period ending 19 December 2003.

8.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* 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

9.  Army Regulation 600-8-22 states that service members who qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 19 December 2003 shows he served in Afghanistan from 29 May 2003 to 29 September 2003.

2.  His DD Form 215 issued on 17 February 2006 shows the GWOTEM was added to his DD Form 214 for the period ending 19 December 2003.

3.  He served a period of qualifying service in Afghanistan for award of the Afghanistan Campaign Medal with one bronze service star.  However, Army Regulation 600-8-22 directs that no service member shall be entitled to award of the Afghanistan Campaign Medal and the GWOTEM for the same action, time period, or service.

4.  Since he requested award of the Afghanistan Campaign Medal in lieu of the GWOTEM, his DD Form 214 for the period ending 19 December 2003 should be amended by deleting the GWOTEM and by adding the Afghanistan Campaign Medal with one bronze service star.

5.  His record contains a certificate which shows he was awarded the Army Achievement Medal on 23 June 1999 and it is reflected on his NGB Form 22.  Therefore, this award should be added to his DD Form 214 for the period ending 19 December 2003.



BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

	a.  deleting the GWOTEM from item 13 of his DD Form 214 for the period ending 19 December 2003 and replacing it with the Afghanistan Campaign Medal with one bronze service star and

	b.  adding the Army Achievement Medal to item 13 of his DD Form 214 for the period ending 19 December 2003.



      ____________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)                                         AR20100017567



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ABCMR Record of Proceedings (cont)                                         AR20100017567



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