IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025281
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 that his dates of deployment be added to item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 6 June 2005. He also requests the following awards be added to his DD Form 214:
* Army Commendation Medal
* Army Good Conduct Medal
* Air Assault Badge
* "Airborne Wings Badge" (Parachutist Badge)
2. The applicant states these items were not entered on his DD Form 214.
3. The applicant provides:
* Army Commendation Medal Certificate
* Air Assault Badge orders
* Army Good Conduct Medal orders
* Airborne Course Diploma
* 1st Battalion, 501st Infantry, deployment orders
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 7 June 2001 for a period of 4 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).
3. Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Orders 288-323, dated 15 October 2001, awarded him the Parachutist Badge.
4. The certificate awarding him the Army Commendation Medal shows the authority as Permanent Order Number 133-010, dated 13 May 2005.
5. 203d Personnel Services Battalion, Fort Wainwright, AK, Permanent Orders B163-028, dated 13 June 2003, awarded him the Air Assault Badge.
6. Headquarters, 1st Battalion, 501st Parachute Infantry Regiment, Fort Richardson, AK, Permanent Orders 084-25, dated 24 March 2004, awarded him the Army Good Conduct Medal (1st Award).
7. On 6 June 2005, he was released from active duty. He completed 4 years of active service that was characterized as honorable. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:
* Global War on Terrorism Expeditionary Medal
* Army Lapel Button
* Global War on Terrorism Service Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
8. An email from the Defense Finance and Accounting Service (DFAS), dated 22 February 2011, states the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 25 October 2003 through 17 August 2004 for Afghanistan.
9. Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded the:
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Air Assault Badge
* Parachutist Badge
2. Therefore, these awards should be added to his DD Form 214.
3. The email from DFAS, dated 22 February 2011, shows he received HF/IDP and CZTE from 25 October 2003 through 17 August 2004 for Afghanistan. Therefore, it would be appropriate to add the entry "SERVICE IN AFGHANISTAN FROM 20031025-20040817" to item 18 of his DD Form 214.
BOARD VOTE:
__X_____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "SERVICE IN AFGHANISTAN FROM 20031025-20040817" to item 18 of his DD Form 214.
2. The Board further recommends his records be corrected by adding the following awards to item 13 of his DD Form 214:
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Air Assault Badge
* Parachutist Badge
___________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) AR20100025281
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ABCMR Record of Proceedings (cont) AR20100025281
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