BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027113 


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 and all of his authorized decorations.

2.  The applicant states, in effect, he was assigned to the 782nd Main Support Battalion, 82nd Airborne Division, and he served overseas in Afghanistan in support of Operation Enduring Freedom (OEF).  However, his foreign service and awards related to his service in support of the Global War on Terrorism were omitted from his DD Form 214.

3.  The applicant provides no additional evidence in support of his application.

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 for a period of 3 years on 14 March 2001.  Upon completion of training, he was awarded military occupational specialty 92F (Petroleum Supply Specialist).

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 13 March 2004 based on completion of required active service and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 3 years of net active service.  It also shows in:

	a.  item 8 (Last Duty Assignment and Major Command) and item 8b (Station Where Separated) he was assigned to the 782nd Main Support Battalion, Fort Bragg, NC;

	b.  item 12f (Foreign Service) no foreign service;

	c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge; and

	d.  item 18 (Remarks) no entry for overseas deployment.

4.  During the processing of this case, the General Processing Branch, Defense Finance and Accounting Service (DFAS), Cleveland, OH, was asked to verify information relevant to the applicant's receipt of hostile fire pay/imminent danger pay (HFP/IDP).  DFAS confirmed the applicant received HFP/IDP for service in Afghanistan from 15 June through 18 December 2002.

5.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), or Afghanistan Campaign Medal (ACM).

6.  The applicant's military personnel records contain no evidence that he was awarded the first award of the Army Good Conduct Medal.

	a.  There is no adverse information in the applicant's military personnel records.

	b.  There is no evidence the applicant's commanding officer denied the applicant award of the Army Good Conduct Medal.

7.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he had a preference regarding award of the GWOTEM or the ACM for his service in support of OEF.  In response, the applicant indicated he would prefer award of the ACM.

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

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific AOE per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The combatant commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.

	b.  The ACM is authorized for award to members of the Armed Forces of the United States who served in direct support of OEF.  The AOE encompasses all land area of the country of Afghanistan and all air spaces above the land area.  The ACM period of eligibility is on or after 24 October 2001 to a date to be determined by the Secretary of Defense or the cessation of OEF.

		(1)  Paragraph 2-16 of Army Regulation 600-8-22 contains the regulatory guidance on the ACM.  It states that one bronze service star is authorized with this service medal for each Afghanistan campaign a member is credited with participating in.

		(2)  It also contains a list of Afghanistan campaigns and shows that during the applicant's tour of duty in Afghanistan from 15 June to 18 December 2002, participation credit was awarded for the Consolidation I (1 December 2001-30 September 2006) campaign.

	c.  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 ACM was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the ACM 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.

	d.  The GWOTSM is designated for Soldiers who participated in or served in support of Global War on Terrorism operations outside of the designated AOE determined for award of the GWOTEM on or after 11 September 2001 to a date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined, having served 30 consecutive days or 60 nonconsecutive days are authorized this award.

	e.  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.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214.

	a.  Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  For item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Enlisted Record Brief/Officer Record Brief.

	b.  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

	c.  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states to enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)," for an active duty Soldier deployed with his or her unit during their continuous period of active service.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served overseas in Afghanistan and all of his authorized awards and decorations.

2.  Records show the applicant served overseas in Afghanistan in support of OEF from 15 June to 18 December 2002.

	a.  This equates to 6 months and 4 days and it would be appropriate to show this period of foreign service in item 12f of his DD Form 214.

	b.  It would also be appropriate to correct item 18 of his DD Form 214 to show he served in Afghanistan during this period.

3.  Records show the applicant qualified for award of the GWOTEM for his service in support of Global War on Terrorism operations in the AOE.  Records also show the applicant qualified for award of the ACM in lieu of the GWOTEM based on his service in support of OEF.

	a.  The applicant requests award of the ACM in lieu of the GWOTEM.

	b.  Records show the applicant served in Afghanistan during the Consolidation I campaign.

	c.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the ACM with one bronze service star.

4.  Records show the applicant qualified for award of the GWOTSM for his service in support of Global War on Terrorism operations outside the AOE.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

5.  Records also show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.  There is no evidence the applicant's commander denied him award of the Army Good Conduct Medal.  Based on the available evidence, the applicant should be awarded the first award of the Army Good Conduct Medal.



BOARD VOTE:

___x____  ___x____  __x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for his exemplary conduct, efficiency, and fidelity during the period 14 March 2001 to 13 March 2004;

	b.  deleting from item 12f of his DD Form 214 the entry "0000  00  00";

	c.  adding to item 12f of his DD Form 214 the entry "0000  06  04";

	d.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), ACM with one bronze service star, and GWOTSM; and

	e.  adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020615-20021218."



      ___________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)                                         AR20100027113



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ABCMR Record of Proceedings (cont)                                         AR20100027113



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