IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003518 


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 period of deployment to Afghanistan,   and award of the Afghanistan Campaign Medal with one bronze service star, the Army Commendation and Army Achievement Medals.

2.  The applicant states he served his country honorably and his awards should be correctly reflected on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* memorandum dated 4 August 2003
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* September and November 2002, Leave and Earnings Statements
* DA Form 638 (Recommendation for Award) dated 28 November 2002
* DA Form 4980-14 (Army Commendation Certificate)
* DA Form 638 dated 15 November 2001
* DA Form 4980-18 (Army Achievement Medal Certificate)

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 14 November 2000.  He completed basic combat and advanced individual training and was awarded military occupational specialty 92G (Food Service Specialist).  He received a general under honorable conditions discharge on 7 August 2003.  His characterization of service was upgraded to honorable on 7 August 2006.  The DD Form 214 he was issued shows he completed 2 years, 8 months, and         24 days of creditable active service during this period.  This form further shows in:

* Item 12f (Foreign Service) the entry "0000  00  00"
* 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 the Parachutist Badge 
* Item 18 (Remarks) has no entry for service in a designated hostile fire pay/imminent danger pay (HF/IDP) area

3.  On 24 May 2011, the Defense Finance and Accounting Service (DFAS) was able to confirm the applicant received HF/IDP and combat zone tax exclusion for service in Afghanistan for the period 16 June 2002 through 5 January 2003.

4.  The applicant provided DA Form 4980-18 which shows he was awarded the Army Achievement Medal on Permanent Order Number 329-52, issued by 82nd Forward Support Battalion, 82nd Airborne Division, dated 15 November 2001.

5.  His record contains Permanent Order Number 343-12, issued by Commander, AFVC-C, 3rd Brigade, dated 11 December 2002, which shows he was awarded the Army Commendation Medal.

6.  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 (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)

7.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 the GWOTSM.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 

8.  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; and

	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 be corrected to show his foreign service during a deployment to Afghanistan and to show award of the Army Commendation and Army Achievement Medals was carefully considered and determined to have merit.

2.  DFAS was able to confirm he deployed to Afghanistan in support of OEF for the period 16 June 2002 through 5 January 2003.  Therefore, he is entitled to have this foreign service shown in item 12f and item 18 of his DD Form 214.  

3.  Permanent orders awarded him the Army Commendation and Army Achievement Medals.  Therefore, he is entitled to have these medals shown in item 13 of his DD Form 214.

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 shows he served a qualifying period of service for award of the GWOTSM which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 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: 

* adding to item 12f of his DD Form 214 the entry “00 06 21”
* adding to item 13 of his DD Form 214 the Army Commendation Medal, Army Achievement Medal, Afghanistan Campaign Medal with one bronze service star, and the GWOTSM
* adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020616 - 20030105"
* 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)                                         AR20110003518



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ABCMR Record of Proceedings (cont)                                         AR20110003518



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