BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100030069 


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 three additional deployments to Afghanistan.

2.  The applicant states:

* His DD Form 214 only shows two deployments (25 March 2002 to 8 July 2002 and 18 March 2003 to 23 June 2003)
* He also deployed to Afghanistan from October 2003 to December 2003, 15 March 2004 to 24 May 2004, and 30 June 2004 to 26 July 2004
* He returned to the Continental United States (CONUS) with only 6 days to out-process
* A thorough review of his personnel record was not completed prior to signing his DD Form 214

3.  The applicant provides:

* his DD Form 214
* his Army Commendation Medal certificate and orders number
* his unit deployment orders, dated 28 June 2004
* a Task Force OCF Travel Orders Manifest, dated 26 July 2004


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 19 September 2000.  He completed his training and he was awarded military occupational specialty 11B (infantryman).  He was honorably released from active duty on 18 September 2004 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "0000  00  00."

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Army Good Conduct Medal
* Combat Infantryman Badge
* Parachutist Badge
* Ranger Tab
* Czech Military Parachutist Badge
* Dutch Military Parachutist Badge
* Portuguese Military Parachutist Badge
* Canadian Parachutist Badge
* Bronze German Armed Forces Parachutist Badge
* Israeli Defense Force Parachutist Badge


5.  Item 18 (Remarks) of his DD Form 214 shows he served in:

* Afghanistan from 25 March 2002 to 8 July 2002
* Afghanistan from 18 March 2003 to 23 June 2003

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for overseas service as follows:

PERIOD
LOCATION
DURATION
(YR(S) - MO(S) - DAY(S))
20020328 - 20020703
Oman 
0000  03  06
20030228 - 20030621
Afghanistan
0000  03  25
20031106 - 20031210
Afghanistan
0000  01  05
20040316 - 20040528
Iraq
0000  02  13
20040630 - 20040803
Afghanistan
0000  01  05

TOTAL FOREIGN 
              SERVICE
0000  11  24
7.  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.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

8.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the 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 fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  The AOE included service in Oman.  

9.  Army Regulation 600-8-22 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

10.  Army Regulation 600-8-22 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 contends his DD Form 214 should be corrected to show three additional deployments to Afghanistan.

2.  His DD Form 214 shows he served in Afghanistan from 25 March 2002 to 
8 July 2002 and from 18 March 2003 to 23 June 2003.  However, DFAS confirms he served a total of one tour in Oman, three tours in Afghanistan, and one tour in Iraq.  DFAS also confirmed the applicant's inclusive dates for each of his deployments.  Therefore, this information is accepted as sufficient evidence to correct item 18 of his DD Form 214 to show his deployed service.

3.  Item 12f of his DD Form 214 indicates he did not complete any foreign service during his active duty service.  However, evidence shows he completed
11 months and 24 days of total foreign service.  Therefore, his DD Form 214 should be corrected to show this foreign service.
4.  As a related issue, records indicate the applicant received the Global War on Terrorism Expeditionary Medal for his service in Oman.  However, he is entitled to the following additional awards for his service in Afghanistan and Iraq:

	a.  Based on his service in Afghanistan he is entitled to the Afghanistan Campaign Medal.  He also participated in the Consolidation I campaign phase during this service.  Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

	b.  Based on his tour in Iraq he is entitled to the Iraq Campaign Medal.  He also participated in the Transition of Iraq campaign phase during this service.  Therefore, he is entitled to the Iraq Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  11  24";

	b.  adding to item 13 of his DD Form 214 the:

* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with one bronze service star

	c.  deleting from item 18 of his DD Form 214 the entry "SOLDIER SERVED IN SUPPORT OF OPERATION ENDURING FREEDOM/IRAQI FREEDOM FROM:  20020325 - 20020708, 20030318 - 20030623//PLACE OF DUTY:  AFGHANISTAN"; and

	d.  adding to item 18 of his DD Form 214 the entry:  "SERVICE IN OMAN FROM 20020328 - 20020703; SERVICE IN AFGHANISTAN FROM 20030228 - 20030621, 20031106 - 20031210, 20040630 - 20040803; SERVICE IN IRAQ FROM 20040316 - 20040528."

2.  The Board further determined that 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 correcting his DD Form 214 to show a total of five deployments to Afghanistan.



      __________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)                                         AR20100030069



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ABCMR Record of Proceedings (cont)                                         AR20100030069



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