BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100024152 


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.

2.  The applicant states his DD Form 214 shows award of the Combat Infantryman Badge and the National Defense Service Medal.  However, in order to be a combat veteran, his DD Form 214 must show he had foreign service.  He states he went to Afghanistan from October 2001 to April 2002.

3.  The applicant provides his 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.  He enlisted in the Regular Army on 8 September 1999 for a period of 3 years.

3.  On 7 September 2002, he was honorably released from active duty by reason of completion of required active service.  He completed 3 years of creditable active service.  

4.  The DD Form 214 he was issued at the time shows in:

	a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Service Ribbon
* Combat Infantryman Badge
* Army Lapel Button

	b.  Item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service during his period of active service.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 7 October 2001 through April 2002 (determined to mean 30 April 2002) for Kuwait.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning military awards.  

	a.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility (AOE) 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

	b.  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 AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or
60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

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

	a.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  Item 18, for an active duty Soldier deployed with his/her  unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The email from DFAS indicates he received HF/IDP and CZTE from
7 October 2001 through 30 April 2002 for Kuwait.  Therefore, it would be appropriate to enter in item 12f of his DD Form 214 the entry "0000  06  24" to show he completed 6 months and 24 days of foreign service during this period of service.

2.  Based on the information provided by DFAS and the dates he stated he was in Afghanistan, it is reasonable to conclude he met the 30 day-requirement for the Afghanistan Campaign Medal and that he participated during two designated campaign phases.  Therefore, his DD Form 214 should be corrected accordingly.

3.  His HF/IDP and CZTE terminated on 30 April 2002, indicating he redeployed from Kuwait/Afghanistan, and he continued to serve until his release from active duty on 7 September 2002.  This shows he served 30 days outside of the AOE for entitlement to the Global War on Terrorism Service Medal.  Therefore, his
DD Form 214 should be corrected to show this award.

4.  The applicant deployed with his unit to Kuwait/Afghanistan during the period
7 October 2001 to 30 April 2002.  Therefore, item 18 of his DD Form 214 should be corrected to show the entry "SERVICE IN KUWAIT/AFGHANISTAN FROM 20011007 - 20020430."

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:

	a.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  06  24";

	b.  adding to item 13 of his DD Form 214 the:

* Afghanistan Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/AFGHANISTAN FROM 20011007 - 20020430."



      __________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)                                         AR20100024152



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ABCMR Record of Proceedings (cont)                                         AR20100024152



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