IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100023994 


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) for the period ending 6 July 2005 to show:

* the Army Commendation Medal
* his service in Afghanistan
* completion of two Combat Lifesaver Courses

2.  He states, in effect, the above entries were omitted from his DD Form 214.  He further states he completed two Combat Lifesaver Courses during his period of service.

3.  He provides:

* DD Form 214
* Army Commendation Orders
* two Army Certificates of Training

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 on 17 July 2002 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 13B (Cannon Crewman).

3.  A certificate of training, dated 11 October 2003 through 16 October 2003, shows he successfully completed the Combat Lifesaver Course.  It appears the certificate was issued in Kandahar, Afghanistan (course length 40 hours).

4.  A certificate of training, dated 13 October 2003 through 15 October 2003, shows the applicant was a certified Combat Lifesaver.  It appears this certificate was also issued in Kandahar, Afghanistan (course length 24 hours).

5.  Permanent Orders 061-206, dated 1 March 2004, issued by the 1st Brigade, 10th Mountain Division show he was awarded the Army Commendation Medal for meritorious service with Task Force Warrior in support of Operation Enduring Freedom, Afghanistan from August 2003 through May 2004.

6.  On 6 July 2005, he was discharged from active duty after completing 2 years, 9 months, and 27 days of creditable active service.

7.  Item 12f (Foreign Service) of his DD Form 214 for the period ending 6 July 2005 shows the entry "0000  00  00," indicating he had no foreign service.  Item 
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar 
* Marksman Marksmanship Qualification Badge with Grenade Bar

8.  Item 18 (Remarks) does not show he deployed to Afghanistan in support of Operation Enduring Freedom.

9.  On 14 February 2011, the Defense Finance and Accounting Service (DFAS) confirmed he served in Afghanistan for the period 2 August 2003 through 6 May 2004.
10.  An informal research revealed the Combat Lifesaver course is a basic medical care course for unit nonmedical personnel.

11.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal 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 the following campaigns:

* 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 Overseas Service Ribbon is awarded for successful completion of overseas tours.  

13.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 
11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

14.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 14 list in-service training course; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. 

15.  Army Regulation 635-5 (Separation Documents) states, in item 18, for active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Army Commendation Medal.  Therefore, his DD Form 214 should be amended to show this award.

2.  He met the eligibility criteria for award of the Afghanistan Campaign Medal with one bronze service star and the Overseas Service Ribbon for his service in Afghanistan during the period 2 August 2003 through 6 May 2004.  These awards should be added to his DD Form 214.

3.  His DD Form 214 does not show service in Afghanistan.  However, the available evidence and DFAS confirmed that he served in Afghanistan in support of Operation Enduring Freedom for the period 2 August 2003 through 6 May 2004.  Therefore, his DD Form 214 should be amended to show 09 months and 5 days in item 12f (Foreign Service) and "SERVICE IN AFGHANISTAN FROM 20030802-20040506" in item 18.

4.  His certificate of training for the period 11 October 2003 to 16 October shows he completed the 1 week Combat Lifesaver Course making it eligible for entry on his DD Form 214.  Therefore, his DD Form 214, item 14 should be amended to show the Combat Lifesaver Course 1 week (2003).

5.  His certificate of training for the period 13 October 2003 to 15 October 
2003 that certified him as a Combat Lifesaver was less than one week in length, making it ineligible for entry on his DD Form 214.

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 amending his DD Form 214:

	a.  item 12f to show "0000  09  05";

	b.  item 13 to add the Army Commendation Medal, the Afghanistan Campaign Medal with 1 bronze service star, and the Overseas Service Ribbon;

	c.   item 14 to show the Combat Lifesaver Course, 1 week, (2003); and 

	d.  item 18 to show "SERVICE IN AFGHANISTAN FROM 20030802-20040506."

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 adding the Combat Lifesaver Course for the period 13 October 2003 to 15 October 2003 on his DD Form 214.  



      _______ _   _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)                                         AR20100023994





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ABCMR Record of Proceedings (cont)                                         AR20100023994



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