IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100024189 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his combat service, campaign medals, and other achievements and commendations.

2.  The applicant states his DD Form 214 has no record of his deployment of Afghanistan or Iraq.  He states that his DD Form 214 also fails to show any campaign medals that coincide with his deployments.

3.  The applicant provides:

* DD Form 214
* the first page of Orders 363-01
* two pages of Orders 365-13
* page 11 of 13 pages of an unidentified document, which includes his name
* Orders 364-01
* page 19 of 28 pages of Deployment Order Number 364-01 (Change 2)
* Service Member Deployment History Outprocessing Verification
* Enlisted Record Brief
* Permanent Order Number 101-01
* Permanent Order Number 068-172




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 Army on 27 June 2001.  He completed training as a light weapons infantryman.

3.  On 30 December 2002, Headquarters, 82nd Airborne Division Orders 364-01 were published deploying the unit to which the applicant was assigned to Afghanistan in support of Operation Enduring Freedom, effective on or about 9 January 2003.

4.  The applicant's FN:  350-41b (Service Member Deployment History Outprocessing Verification) shows he arrived in an unspecified location on 12 January 2003 and that the period of deployment ended on 18 August 2003.

5.  On 1 April 2003, Headquarters, Coalition Task Force 82 Permanent Orders 091-1472 were published awarding the applicant the Combat Infantryman Badge for the period 6 January to 31 April 2003.  He was deployed to Bagram Airfield, Afghanistan, at the time orders were published.

6.  On 39 December 2003, Headquarters, 82nd Airborne Division Orders 363-01 were published deploying the unit to which the applicant was assigned to Southwest Asia, Kuwait in support of Operation Iraqi Freedom, effective on or about 5 January 2004.

7.  His FN:  350-41b shows he arrived in an unspecified location on 10 January 2004 and that the period of deployment ended on 20 April 2004.  

8.  Headquarters, 82nd Airborne Division Permanent Orders Number 101-01 were published on 10 April 2004, awarding the applicant the Army Achievement Medal. 

9.  Headquarters, 82nd Airborne Division Permanent Orders Number 068-172 were published awarding the applicant the Army Commendation Medal for the period 7 January to 15 April 2004.

10.  The applicant's Enlisted Record Brief (ERB) shows he was awarded the Army Good Conduct Medal on 26 June 2004.

11.  On 2 July 2004, he was released from active duty at the completion of his required service.  The DD Form 214 he received shows the following awards:

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

12.  Item 12f (Foreign Service) on his DD Form 214 does not show his foreign service.  His DD Form 214 also fails to show the dates of his foreign service.

13.  Information obtained from the Defense Finance and Accounting Service reveals that per the applicant's Master Military Pay Account, he received hostile fire/imminent danger pay for service in Iraq from 8 January to 13 April 2004.

14.  Army Regulation 635-5 (Separation Documents), paragraph 2-4 provides instructions for the completion of items that appear on the DD Form 214.  Instructions for the completion of Item 12 (Record of Service), Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)), and Item 18 (Remarks) are as follow:

	a.  Item 12f – From the ERB, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service this Period).

	b.  Item 13 – Decorations, medals, badges, citations and campaign ribbons, will be entered from information recorded on the ERB.

	c.  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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.  Only deployment in an imminent danger/hostile fire zone will be reflected.



15.  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.  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

16.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting documents have been considered.

2.  His records show he had service in Iraq and in Afghanistan.  This information should be included on his DD Form 214 along with the dates of his foreign service.

3.  His records also show he was awarded the Army Good Conduct Medal (First Award), Combat Infantryman Badge, Army Achievement Medal and Army Commendation Medal.  These awards should be added on his DD Form 214.

4.  The applicant is authorized the Afghanistan Campaign Medal with one bronze service star and the Iraq 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 amending his DD Form 214 as follows:

* Item 12f:  0000 Years, 10 Month(s), 18 Day(s)

* Item 13:  adding the:

* Army Good Conduct Medal (First Award)
* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with one bronze service star
* Combat Infantryman Badge
* Army Achievement Medal
* Army Commendation Medal

* Item 18 - "SERVICE IN AFGHANISTAN FROM 20030112-20030818//SERVICE IN IRAQ FROM 20040110-20040420"




      _______ _   __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)                                         AR20100024189



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ABCMR Record of Proceedings (cont)                                         AR20100024189



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