IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026779 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his awards of the Afghanistan Campaign Medal (ACM), Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Combat Action Badge (CAB).

2.  The applicant states that he earned the right to wear these awards and it would be an injustice to deny him this right.

3.  The applicant provides copies of a statement of wartime service and orders awarding him the AAM and ARCOM.

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 18 October 2000 for a period of 4 years, training as a combat engineer, and a cash enlistment bonus.  He completed one-station unit training at Fort Leonard Wood, Missouri, and was transferred to Fort Richardson, Alaska.  He was advanced to pay grade E-4 on 18 October 2002.

3.  On 26 October 2003, he deployed to Afghanistan and served there until 30 July 2004 when he returned with his unit to Alaska.  He was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) for this deployment.

4.  On 31 October 2004, he was honorably released from active duty (REFRAD) due to completion of required service.  He completed 4 years and 13 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the GWOTEM, Global War on Terrorism Service Medal, Army Good Conduct Medal, National Defense Service Medal, and Overseas Service Ribbon.  His DD Form 214 makes no mention of his deployment to Afghanistan.

5.  A search of his records shows no orders for award of the CAB and it does not contain any information that suggests he should be awarded the CAB.  Although not contained in his official records, the documents provided by the applicant show he was awarded the ARCOM and AAM.

6.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic areas of eligibility (AOE):  Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE.

7.  Army Regulation 600-8-22 (Military Awards) states service members who qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

8.  Army Regulation 600-8-22 states the requirements for award of the CAB are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

9.  Requests for retroactive award of the CAB must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  This request must be on a DA Form 4187 (Personnel Action) if currently on active duty or in an active status.  If not on active duty or in an active status, request for this award may be made by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that it is mandatory that an entry be placed in the remarks section of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service.  The entry will consist of "SERVICE IN (name of country deployed) FROM (YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his awards of the CAB, ACM, ARCOM, and AAM should be added to his DD Form 214 has been noted and appears to have partial merit.
2.  The applicant provided sufficient evidence to show he was awarded the ARCOM and AAM.  Accordingly, these awards should be added at this time.

3.  The applicant was awarded the GWOTEM for his service in Afghanistan and he cannot be awarded the ACM for the same period of service.  However, the applicant may still apply to have the ACM added to his records if he agrees in writing to allow the award of the GWOTEM to be withdrawn.

4.  The applicant's contention that his award of the CAB should be added to his DD Form 214 has also been noted; however, he failed to show through the evidence of record and the evidence submitted with his application that he was awarded the CAB.  In the absence of such evidence, this award cannot be added at this time.

5.  In the event that the applicant was not awarded the CAB as he claims, he still has the option of applying for its award to the U.S. Army Human Resources Command.

6.  It is also noted that the applicant's deployment to Afghanistan is not reflected on his DD Form 214.  Accordingly, the entry "SERVICE IN AFGHANISTAN FROM 20031026-20040730" should be added to his DD Form 214 in block 18 (Remarks).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* adding his awards of the ARCOM and AAM to his DD Form 214
* adding the entry "SERVICE IN AFGHANISTAN FROM 20031026-20040730" to block 18 of his DD Form 214

2.  The Board further determined 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 to adding awards of the CAB and ACM to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100026779



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026779



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1