BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110004651
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 that his records be corrected by showing he is authorized award of the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal. He also requests a copy of the orders awarding him the Army Good Conduct Medal (2nd Award).
2. The applicant states he did not understand the importance of keeping records accurate and updated. He is now serving in the U.S. Marine Corps and needs the corrections made to ensure the accuracy of his records.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a DA Form 638 (Recommendation for Award), and XVIII Airborne Corps and Fort Bragg Permanent Orders 2141-033.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served on active duty from 25 October 2000 through 14 March 2007.
3. The applicant's record contains no derogatory comments or information and no award orders.
4. His DD Form 214 shows the following awards:
a. Meritorious Service Medal, Army Commendation Medal, Army Achievement Medal, Meritorious Unit Commendation, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and Overseas Service Ribbon;
b. service in Operation Enduring Freedom (Afghanistan) from 20 September 2002 through 20 March 2003; and
c. service in Operation Iraqi Freedom (Iraq) from 5 December 2004 through 21 October 2006.
5. Army Regulation 600-8-22 (Military Awards) provides the following:
a. 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
b. Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Global War on Terrorism Expeditionary Medal based on his service in Afghanistan from 20 September 2002 through 20 March 2003. The applicant has the option to convert his Global War on Terrorism Expeditionary Medal to the Afghanistan Campaign Medal.
2. Based on the conversion to the Afghanistan Campaign Medal it would be appropriate to show the applicant participated in one campaign during his service in Afghanistan. Therefore, his DD Form 214 should be corrected to show the Afghanistan Campaign Medal with one bronze service star.
3. The applicant also requests that he be provided the orders awarding him the Army Good Conduct Medal (2nd Award). However, those orders are not contained in the available record.
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 the Global War on Terrorism Expeditionary Medal from his DD Form 214;
b. adding the Afghanistan Campaign Medal with one bronze service star to his DD Form 214; and
c. providing the applicant a document to show the above corrections.
_______ _ 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.
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