IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110004391 


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 deployment to Afghanistan.

2.  He states he was deployed to Afghanistan from 27 August 2003 to 5 July 2004 in support of Operation Enduring Freedom (OEF).

3.  He provides his DD Form 214, Officer Record Brief (ORB), and Bronze Star Medal (BSM) 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.  The applicant was initially appointed as a Reserve Commissioned Officer on 17 August 1983.  On 8 September 1983, he was ordered to active duty.  He served continuously in the RA until he was retired on 30 June 2005 by reason of sufficient service for retirement in the rank/grade of lieutenant colonel (LTC)/O-5.

3.  The DD Form 214 he was issued at the time of retirement shows in:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Legion of Merit
* BSM
* Meritorious Service Medal (3rd Award)
* Joint Service Commendation Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal (ACM)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal 
* Southwest Asia Service Medal with 1 Bronze Service Star
* Armed Forces Reserve Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* NATO Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Parachutist Badge
* Air Assault Badge

* Item 18 (Remarks) the entry "SERVICE IN SOUTHWEST ASIA 19910611 - 19910901//"…//SERVICE IN IRAQ:  20041028 TO 20041112//"

4.  His BSM certificate provided by the applicant shows he was awarded the BSM for meritorious service while serving as a member of the Combined/Joint Task Force in Afghanistan from 27 August 2003 to 25 February 2004.

5.  The Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exemption (CZTE) from 27 August 2003 through 5 July 2004 for service in Afghanistan. 

6.  Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of 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 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  DFAS verified that the applicant received HF/IDP and CZTE from 27 August 2003 through 5 July 2004 for service Afghanistan.  Therefore, his DD Form 214 should be corrected to show this period of deployment in Afghanistan.

2.  The evidence shows he participated in one campaign phase during his service in Afghanistan.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Afghanistan Campaign Medal and correction of his DD Form 214 to show this bronze service star.

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.  deleting from item 13 of his DD Form 214 the Afghanistan Campaign Medal and replacing it with the Afghanistan Campaign Medal with one bonze service star, and

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20030827 - 20040705."



      ___________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)                                         AR20110004391



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ABCMR Record of Proceedings (cont)                                         AR20110004391



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