BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100018681 


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 his foreign service during two deployments and award of the Air Medal.

2.  He states the deployments and Air Medal were not added to his DD Form 214 and he was unaware that they should have been at the time of his separation.

3.  He provides:

* a DD Form 214
* deployment orders
* two Statements of Wartime Service
* a DA Form 4980-9 (Air Medal Certificate)

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.  His record shows he enlisted in the Regular Army on 1 March 2001 and held military occupational specialty 15F (Aircraft Electrician).  He was honorably released from active duty on 28 February 2007 after completing 6 years of creditable active service.  At the time of his separation, he held the rank/pay grade of sergeant/E-5.

3.  He provides Orders 007-719 issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, KY, on 7 January 2002 and an accompanying manifest which indicate he was scheduled to deploy with his unit to the U.S. Central Command (CENTCOM) area of responsibility (AOR) in support of Operation Enduring Freedom on or about 15 January 2002.  These orders show travel was authorized to Egypt, Saudi Arabia, Kuwait, Oman, Bahrain, Qatar, United Arab Emirates, Pakistan, Afghanistan, Turkey, and Uzbekistan.

4.  He provides a Memorandum for Record rendered by the Adjutant of 7th Battalion, 101st Aviation Regiment (Air Assault), Task Force Talon, 101st Airborne Division (Air Assault), Qandahar International Airport, Afghanistan on 14 June 2002, Subject:  Statement of Wartime Service.  This memorandum shows he deployed to the Central Asian Joint Coalition AOR (Afghanistan) in support of Operation Enduring Freedom from 28 January 2002 to 31 July 2002, a period of 6 months and 4 days.  The memorandum was issued to serve as verification of his deployment dates, eligibility for service awards, and to be used to update his military personnel records accordingly.

5.  He provides a DA Form 4980-9 which shows he was awarded the Air Medal for meritorious aerial achievement during combat operations while serving as a CH-47D Crewmember in Iraq from 19 March to 15 September 2003 on Permanent Orders Number 007-360D, dated 7 January 2004.

6.  He provides a Memorandum for Record rendered by the Adjutant of 7th Battalion, 101st Aviation Regiment, 101st Airborne Division (Air Assault), Mosul Airfield, Iraq on 1 March 2004, Subject:  Statement of Wartime Service.  This memorandum shows he deployed to the Central Asian Joint Coalition AOR (Iraq) in support of Operation Iraqi Freedom from 28 February 2003 to 3 February 2004, a period of 11 months and 7 days.  The memorandum was issued to serve as verification of his deployment dates, eligibility for service awards, and to be used to update his military personnel records accordingly.

7.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Honduras from 16 September 2004 through 15 September 2005, a period of 1 year.

8.  His DD Form 214 shows the following entries:

* item 12f (Foreign Service) shows he served overseas 3 years, 5 months, and 15 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Air Assault Badge

* item 18 (Remarks) of this form does not show the specific dates of his deployments or to which countries he deployed.

9.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for a second award of the Army Good Conduct Medal during the period 1 March 2004 through 28 February 2007.  There are no also entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

10.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Kuwait/Iraq during the period 1 February 2003 through 2 February 2004.

11.  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 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 Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form;

	b.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form;

	c.  for item 18, 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.

14.  Army Regulation 600-8-22 states the Army Good Conduct Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his foreign service during two deployments and award of the Air Medal were carefully considered and determined to have merit.

2.  Permanent orders awarded him the Air Medal.  Therefore, he is entitled to have this medal shown in item 13 of his DD Form 214.

3.  A Statement of Wartime Service confirms he deployed to Afghanistan in support of Operation Enduring Freedom from 28 January 2002 to 31 July 2002.  Therefore, he is entitled to have this foreign service shown in item 12f of his DD Form 214.  

4.  A Statement of Wartime Service confirms he deployed to Iraq in support of Operation Iraqi Freedom from 28 February 2003 to 3 February 2004.  This period was further corroborated by a query of his MMPA maintained by DFAS.  Therefore, he is entitled to have this foreign service shown in item 12f of his DD Form 214.  Additionally, item 18 of his DD Form 214 should be amended to show the period of his deployment and the country to which he deployed.

5.  The evidence shows he served a qualifying period of service in Afghanistan for award of the Afghanistan Campaign Medal and that he participated in one campaign.  Therefore, he is entitled to correction of his records to show the Afghanistan Campaign Medal with one bronze service star.

6.  The evidence shows he served a qualifying period of service in Iraq for award of the Iraq Campaign Medal and that he participated in two campaigns.  Therefore, he is entitled to correction of his records to show the Afghanistan Campaign Medal with two bronze service stars.

7.  The evidence of record confirms he served honorably on active duty during the 6-year period 1 March 2001 through 28 February 2007.  His record shows he received the Army Good Conduct (1st Award) for the period 1 March 2001 through 28 February 2004.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during the remainder of his service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal that period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (2nd Award) for the period 1 March 2004 through 28 February 2007 and to correct his records to show this award.

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:

* awarding him the Army Good Conduct Medal (2nd Award) for the period 1 March 2004 through 28 February 2007
* adding to item 13 of his DD Form 214 the Air Medal, Army Good Conduct Medal (2nd Award), Afghanistan Campaign Medal with one bronze service star, and Iraq Campaign Medal with two bronze service stars
* adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020128 - 20020731//SERVICE IN IRAQ FROM 20030228 - 20040203"
* providing him an appropriate document showing the above changes



      _______ _   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)                                         AR20100018681





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ABCMR Record of Proceedings (cont)                                         AR20100018681



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