IN THE CASE OF:	  

		BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110008586 


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 the Afghanistan Campaign Medal.  He later requested addition of the Korea Defense Service Medal to his DD Form 214 in lieu of the Korean Service Medal

2.  The applicant states he served in Afghanistan from October 2002 to April 2003.

3.  The applicant provides orders awarding him the Joint Service Achievement Medal.

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 26 April 1999 and held military occupational specialty 96B (Intelligence Analyst).  He served in Korea from 13 February 2001 to 14 February 2002.

3.  He was honorably released from active duty on 13 June 2004.  The DD Form 214 he was issued shows he completed 3 years of creditable active military service with no lost time.  This form further shows the following entries:

* Item 12f (Foreign Service) - the entry "0001  00  02"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Commendation Medal (2nd Award)
* Joint Service Achievement Medal
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Korean Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Global War on Terrorism Service Medal
* Army Lapel Button

* Item 18 (Remarks) does not list service in a designated hostile fire pay/imminent danger pay (HFP/IDP) area

4.  Permanent Orders J-03-047-041, issued by Combined/Joint Task Force 180, Bagram Airfield, Afghanistan, on 4 April 2003 awarded him the Joint Service Achievement Medal for service from 9 October 2002 to 5 March 2003.

5.  An email, dated 19 July 2011 from the Defense Finance and Accounting Service, confirmed he received HFP/IDP from 2 October 2002 to 10 March 2003 for service in Afghanistan. 

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  Item 12f is obtained from the Enlisted Record Brief and shows the total amount of foreign service completed during the period covered in by the DD Form 214.  Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)" is entered in item 18.

7.  Army Regulation 600-8-22 (Military Awards) 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-- 30 November 2009)
* Consolidation III (1 December 2009 to a date to be determined)

8.  Army Regulation 600-8-22 states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 1 year and 2 days of foreign service in Korea.  He also completed 5 months and 9 days of foreign service in Afghanistan from 2 October 2002 to 10 March 2003 as confirmed by his pay records and award of the Joint Service Achievement Medal.  Therefore, he is entitled to correction of his DD Form 214 to show completion of this foreign and combat service. 

2.  This period of service also entitles him to award of the Afghanistan Campaign Medal.  Furthermore, as a result of his campaign participation, he is also authorized a bronze service star to be affixed to the Afghanistan Campaign Medal.

3.  It appears an administrative error was made on the applicant’s DD Form 214. It shows he was awarded the Korean Service Medal.  He did not meet the eligibility criteria for award of the medal, but he does meet the eligibility criteria for award of the Korea Defense Service Medal.  

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: 

* deleting from item 12f of his DD Form 214 the entry "0001  00  02" and adding the entry "0001  05  11"
* deleting from item 13 the Korean Service Medal
* adding to item 13 of his DD Form 214 the Afghanistan Campaign Medal with one bronze service star and the Korea Defense Service Medal
* adding to item 18 of his DD Form 214 the entry "Service in Afghanistan 20021002 - 20030310"



      _______ _   _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)                                         AR20110008586



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ABCMR Record of Proceedings (cont)                                         AR20110008586



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