BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100021634 


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 his foreign service and the following awards be added to his DD Form 214 (Certificate of Release or Discharge From Active Duty) with a separation date of 23 March 2003:

* Army Commendation Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Service Medal

2.  The applicant states, in effect, his DD Form 214 is missing the information he is requesting to be added.

3.  The applicant provides no additional evidence in support of his application.

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.  He enlisted in the Regular Army on 24 March 2000 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty of 11B (Infantryman).

3.  Headquarters, 3rd Brigade, 82nd Airborne Division Permanent Order Number 353-136, dated 19 December 2002, awarded the applicant the Army Commendation Medal for meritorious service with Task Force Panther in support of Operation Enduring Freedom from 7 August 2002 to 14 January 2003.

4.  On 23 March 2003, he was released from active duty.  He completed 3 years of active service that was characterized as honorable.  His DD Form 214 contains the following entries:

	a.  Item 12c (Net Active Service This Period) contains the entry 0003 00 00 
(3 years, zero months, zero days);

	b.  Item 12f (Foreign Service) contains the entry 0000 00 00 (zero years, zero months, and zero days); and

	c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or is authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge

5.  An email, dated 25 January 2011, from the Defense Finance and Accounting Service (DFAS) stated the applicant received hostile fire/imminent danger pay from 8 August 2002 through 20 January 2003 for Afghanistan.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a. Foreign service performed during the period covered in Item 12c of the 
DD Form 214 will be entered in item 12f.  

	b.  When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

7.  Army Regulation 600-8-22 (Military Awards) 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.  One of the approved designated Afghanistan campaigns is the Consolidation I campaign (1 December 2001-30 September 2006).  

8.  Army Regulation 600-8-22 states 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 (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 Global War on Terrorism Service Medal.  Only one award of the Global War on Terrorism Service Medal may be authorized to any individual; second and subsequent awards will not be awarded. 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of exactly when the applicant deployed.  However, the information received from DFAS verifies he was at least deployed from 8 August 2002 through 20 January 2003.  Therefore, item 12f of his DD Form 214 should contain the entry 0000 05 12 (zero years, 5 months, and 12 days).

2.  Using the information provided by DFAS, item 18 should contain the entry:
"Afghanistan - 2002/08/08 - 2003/01/20"  (2003 August 08 - 2003 January 20).

3.  Orders show he was awarded the Army Commendation Medal.  Therefore, this award should be added to his DD Form 214.

4.  He served on active duty for more than 30 consecutive days after 
11 September 2001.  Therefore, his is authorized the Global War on Terrorism Service Medal.
5.  Based on his service in Afghanistan he is authorized the Afghanistan Campaign Medal with one bronze service star.

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 making the following changes to his DD Form 214:

	a.  correcting item 12c to read 0000 05 12,

	b.  adding to item 18 the entry:  Afghanistan - 2002/08/08 - 2003/01/20, and

	c.  amending item 13 to show he was awarded or is authorized the:

* Army Commendation Medal
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal



      __________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)                                         AR20100021634





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100021634



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1