IN THE CASE OF:	  

		BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110009212 


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 foreign service in Afghanistan from January to September 2003 and awards of the Army Achievement Medal and Afghanistan Campaign Medal.

2.  The applicant states he served in Afghanistan in support of Operation Enduring Freedom (OEF) with the 3rd Battalion, 319th Field Artillery, 82nd Airborne Division.  His DD Form 214 does not show his combat/foreign service or any related awards. 

3.  The applicant did not provide any evidence.

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 1 August 2001 and held military occupational specialty 63J (Quartermaster and Chemical Equipment Repairer). He was assigned to the 3rd Battalion, 319th Field Artillery, Fort Bragg, NC.

3.  He was honorably released from active duty on 31 July 2004.  The DD Form 214 he was issued shows he completed 3 years of creditable active military service with no lost time.  He was fully eligible to reenlist at the time.  This form further shows the following entries:

* Item 12f (Foreign Service) - the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Service Medal, and Parachutist Badge
* Item 18 (Remarks) does not list service in a designated hostile fire pay/imminent danger pay (HFP/IDP) area

4.  An email, dated 22 July 2011 from the Defense Finance and Accounting Service confirmed he received HFP/IDP from 7 January to 1 August 2003 for service in Afghanistan. 

5.  A staff member of the Board contacted the applicant on 3 October 2011 to confirm his exact dates of foreign service and obtain supporting documentary evidence regarding the Army Achievement Medal; however, he did not answer.

6.  His records do not contain official orders awarding him the Army Achievement Medal or the Afghanistan Campaign Medal.

7.  His records do not contain official orders awarding him the Army Good Conduct Medal.  His records also do not contain any derogatory information in the form of lost time, record of nonjudicial punishment or a record of court-martial which would have prevented him from receiving his first award of the Good Conduct Medal.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) provides for the: 
	a.  The Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Afghanistan Campaign Medal 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-- 30 November 2009)
* Consolidation III (1 December 2009 to a date to be determined)

	c.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Afghanistan from 7 January 2003 to 1 August 2003, a period of 6 months and 26 days, as confirmed by his pay records.  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.

3.  The available evidence confirms he served honorably on active duty during the period 1 August 2001 through 31 July 2004.  He was fully eligible to reenlist on the date of separation and his records contain no derogatory information or evidence that shows he was denied award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and to correct his DD Form 214 to show this award.  
4.  With respect to the Army Achievement Medal, there is no evidence in his records and he did not provide any evidence that shows he was recommended for or awarded this award.  Therefore, there is insufficient evidence to add it to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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:

* awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 August 2001 through 31 July 2004
* deleting from item 12f of his DD Form 214, the entry "0000  00  00" and adding the entry "0000  06  26"
* adding to item 13 of his DD Form 214 the Afghanistan Campaign Medal with a bronze service star and Army Good Conduct Medal (1st Award)
* adding to item 18 of his DD Form 214 the entry "Service in Afghanistan from 20030107 to 20030801"

2.  The Board further determined 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 the Army Achievement Medal.



      _______ _   __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)                                         AR20110009212





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ABCMR Record of Proceedings (cont)                                         AR20110009212



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