BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100017836 


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, in effect, that he be awarded the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), the Army Good Conduct Medal (AGCM), the Afghanistan Campaign Medal, the Global War on Terrorism Service Medal (GWOTSM), and the Armed Forces Service Medal (AFSM).

2.  The applicant states, in effect, at the time of his release from active duty (REFRAD) he did not receive all of the decorations he was authorized.

3.  The applicant provides a three-page letter explaining his request.

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 in San Diego, California on 14 January 1999 for a period of 4 years, training under the airborne/infantry enlistment option, and the Army College Fund.  He completed his training at Fort Benning, Georgia and was transferred to Fort Bragg, North Carolina for assignment to Headquarters and Headquarters Company, 1st Battalion, 505th Parachute Infantry Regiment as an indirect fire infantryman.  He was advanced to the pay grade of E-4 on 14 March 2001.

3.  Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that the applicant received hazardous fire and imminent danger pay in Afghanistan from 11 July through 26 November 2002.

4.  His official records also contain orders that were issued by Headquarters, Coalition Task Force 82 at Bagram Airfield, Afghanistan, dated 27 December 2002, awarding him the Combat Infantryman Badge (CIB).

5.  On 13 January 2003, the applicant was honorably REFRAD at Fort Bragg, due to the expiration of his term of service.  He had served 4 years of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Army Service Ribbon, Parachutist Badge, and marksmanship badges.

6.  A review of his official records failed to reveal any derogatory information that would serve to disqualify him for award of the AGCM.  Additionally, there is no evidence of any kind to show the commander intended to disqualify him for award of the AGCM.

7.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Army Regulation 600-8-22 states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.


9.  Army Regulation 600-8-22 states the Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

10.  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.  

11.  Army Regulation 600-8-22 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:

* 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)

12.  Army Regulation 600-8-22 states the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 
1 June 1992:

	a.  participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action

	b.  participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) 60 nonconsecutive days provided this support involves entering the area of eligibility  

13.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that an entry will be made in the remarks section of the DD Form 214 to reflect the country in which a Soldier has deployed and the period of deployment.     

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and appear to have some merit.  He served on active duty for a period of 4 years and he deployed to Afghanistan from 20020711 to 20021126 and was awarded the CIB during that deployment.

2.  Accordingly, the applicant is entitled to have his award of the CIB added to his records and to have an entry placed in the remarks section of his DD Form 214 to show his service in Afghanistan from 20020711 to 20021126.

3.  Additionally, the applicant is entitled, by virtue of his service, to awards of the Afghanistan Campaign Medal with one bronze service star and the GWOTSM.

4.  Inasmuch as there is no derogatory information in the applicant’s official records and given his combat service in Afghanistan, and the lack of any disqualification from the commander for award of the AGCM, it would be appropriate at this time to award him the AGCM for the period 14 January 1999 to 13 January 2002.

5.  However, there is no evidence in the available records to show that the applicant was ever recommended for or awarded the ARCOM or the AAM.  Inasmuch as there is no entitlement to those awards it would be inappropriate for the Board to arbitrarily authorize those awards with little or no knowledge of the applicant’s performance of duty.  Accordingly, there is no basis to grant his request for those awards.

6.  Additionally, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he qualifies for award of the AFSM. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  _____x__  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Add his service in Afghanistan from 20020711 to 20021126 to his DD Form 214
* Awarding him the Army Good Conduct Medal for the period 14 January 1999 to 13 January 2002, while serving in the rank of SPC 
* Adding the Army Good Conduct Medal, the Combat Infantryman Badge, the Afghanistan Campaign Medal with one bronze service star, and the Global War on Terrorism Service Medal to his DD Form 214

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the ARCOM, AAM and AFSM. 

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20100018353



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ABCMR Record of Proceedings (cont)                                         AR20100017836



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