IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100026994 


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 in Afghanistan from 10 August 2002 to 22 November 2002.

2.  He states service in Afghanistan is not shown on his DD Form 214.

3.  He provides:

* a DD Form 214
* a Service Member Deployment History Outprocessing Verification

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.  His record shows he enlisted in the Regular Army on 25 January 2000 and held military occupational specialty 11B (Infantryman).  He was honorably released from active duty on 24 January 2003 after completing 3 years of creditable active service.  At the time of his separation, he held the rank/pay grade of specialist/E-4.

3.  His DD Form 214 contains the following information:

	a.  Item 12f (Foreign Service) shows he served overseas 0 years, 0 months, and 0 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized to wear the National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge.

	c.  Item 18 (Remarks) of this form does not show the specific dates of his deployment or to which country he deployed.

4.  He provides a Service Member Deployment History Outprocessing Verification Report, dated 18 December 2002, which shows he deployed to Kandahar, Afghanistan for the period 10 August 2002 to 22 November 2002, a period of 3 months and 13 days.  This document was issued to serve as verification of his deployment dates and was reviewed and authenticated on the date of issuance.

5.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Afghanistan during the period August 2002 to November 2002.

6.  The applicant's service record contains Permanent Order Number 009-255 issued by Headquarters, Coalition Task Force 82, Bagram Airfield, Afghanistan on 9 January 2003 for being engaged in active ground combat against a hostile force.

7.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for a second award of the Army Good Conduct Medal during the period 25 January 2000 through 24 January 2003.  There are no also entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

8.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom.  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)

9.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

10.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form;

	b.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form;

	c.  for 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 DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his foreign service in Afghanistan was carefully considered and determined to have merit.

2.  A Service Member Deployment History Outprocessing Verification Report confirms he deployed to Afghanistan in support of Operation Enduring Freedom from 10 August 2002 to 22 November 2002 a period of 3 months and 13 days.  A query of his MMPA maintained by DFAS revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Afghanistan during this period.  Therefore, he is entitled to correction of Item 12f of his DD Form 214 to show a total of 3 months and 13 days of foreign service.

3.  Permanent orders awarded him the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show this Badge.

4.  The evidence shows he served a qualifying period of service in Afghanistan for award of the Afghanistan Campaign Medal and that he participated in one campaign.  Therefore, he is entitled to correction of his records to show the Afghanistan Campaign Medal with one bronze service star.

5.  The evidence of record confirms he served honorably on active duty during the 3-year period 25 January 2000 through 24 January 2003.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during his service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal that period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 25 January 2000 through 24 January 2003 and to correct his records to show this award.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 January 2000 through 24 January 2003;

	b.  deleting the current entry in item 12f of his DD Form 214 and adding the entry "0000  03  13";

	c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Afghanistan Campaign Medal with one bronze service star, and Combat Infantryman Badge; 

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020810 - 20021122"; and

	e.  providing him an appropriate document showing the above changes



      _______ _  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)                                         AR20100026994





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ABCMR Record of Proceedings (cont)                                         AR20100026994



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