BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100019146 


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 in Afghanistan and any unit awards he may have earned as a result of this service.

2.  The applicant states he served in Afghanistan with Company D, 2nd Battalion, 82nd Aviation Regiment, from 18 July 2002 to 3 September 2002 and that neither his service nor any unit awards he received while serving in Afghanistan is shown on his DD Form 214.

3.  The applicant provides:

* memorandum from his unit adjutant
* deployment history printout
* DA Form 2166 (Noncommissioned Officer (NCO) Evaluation Report) for the period May 2002 to August 2002
* four letters of support
* 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 is a retired Regular Army first sergeant (1SG)/E-8.  He enlisted in the Regular Army on 22 July 1981 and served through multiple reenlistments in various staff and leadership positions within and outside the continental United States.

3.  His records show he served in various overseas locations including Korea from 6 November 1985 to 5 November 1986 and 3 January 1996 to 2 January 1997.

4.  He was honorably retired on 31 May 2003 and he was placed on the Retired List in his retired rank/grade of 1SG/E-8 on 1 June 2003.  The DD Form 214 he was issued shows he completed 21 years, 10 months, and 9 days of creditable active service.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* Army Commendation Medal (6th Award)
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with two bronze service stars
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Kuwait Liberation Medal [Saudi Arabia]
* Kuwait Liberation Medal (Kuwait)
* Master Aircraft Crewman Badge
* Aircraft Crewman Badge
* Master Parachutist Badge
* Driver and Mechanic Badge with Operator S-Bar
* Royal Australian Army Parachutist Badge


6.  Item 18 (Remarks) does not list service in a designated hostile fire pay/imminent danger pay (HFP/IDP) area.

7.  An email from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, dated 28 December 2010, confirmed the applicant received HFP/IDP from 11 August 2002 to 1 September 2002 for service in Afghanistan.

8.  The applicant submitted the following documents:

	a.  An undated memorandum from the Adjutant, 18th Soldier Support Group, with an accompanying deployment history printout, dated 20 February 2003, shows he served in Afghanistan from 18 July 2002 to 10 August 2002 and from 10 August 2002 to 3 September 2002.

	b.  DA Form 2166-7 for the period May 2002 through August 2002 shows he supervised the movement of over 65 percent of the unit to Afghanistan in support of Operation Enduring Freedom.

	c.  Four letters from various unit members, including two retired sergeants first class, a retired 1SG, and a retired command sergeant major, dated in March and April 2010, state the applicant served in Afghanistan from August through September 2002.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It 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 County Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)" is entered in item 18.

10.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Global War on Terrorism Service Medal 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 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 Global War on Terrorism Service Medal.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  It further states only one award of the Korea Defense Service Medal is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty from 11 September 2001 through 31 May 2003.  Therefore, he served a qualifying period of service for award of the Global War on Terrorism Service Medal and is entitled to correction of his records to show this award.

2.  The evidence of record shows the applicant served in Korea from 6 November 1985 to 5 November 1986 and from 3 January 1996 to 2 January 1997.  By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

3.  With respect to his Afghanistan service:

	a.  The applicant's deployment history shows he served in Afghanistan from 18 July 2002 to 3 September 2002.  His pay records on the other hand show he received HFP/IDP from 11 August 2002 to 1 September 2002.  The ending date of his service in Afghanistan is consistent with his pay records; however, his beginning date of this service in Afghanistan appears to be inconsistent with his pay records at DFAS.

	b.  Additionally, the authors of the four letters he submitted state he served in Afghanistan from August to September 2002.  Again, while the ending date is consistent with his pay records and deployment history, the beginning date remains problematic.  Since exact dates are needed to list his service in Afghanistan on his DD Form 214 and determine his eligibility for awards, in the absence of additional documentary evidence that confirms the exact beginning date of service in Afghanistan, there is insufficient evidence to list his foreign service on his DD Form 214 at this time.

	c.  Since his exact dates of service in Afghanistan cannot be determined, his entitlement to any unit awards as a result of this service also cannot be determined.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to his DD Form 214 the:

* Global War on Terrorism Service Medal
* Korea Defense Service Medal

2.  The Board further determined 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 the applicant's period of foreign service in Afghanistan and any related unit awards.



      ____________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)                                         AR20100019146



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ABCMR Record of Proceedings (cont)                                         AR20100019146



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