IN THE CASE OF:	  

		BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110010852 


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, in effect, award of the:

* Global War on Terrorism Service Medal
* Army Achievement Medal
* Any other awards related to his service in Afghanistan

2.  The applicant states he should have received these awards at the time of his discharge.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a certificate issued by his battalion, and a Standard Form 180 (Request Pertaining to Military Records).

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 7 January 1999 for a period of 6 years.  He completed training and he was awarded military occupational specialty 68G (Aircraft Structural Repairer).  He served in Korea from
1 September 1999 to 30 August 2001, which equated to 2 years of foreign service.

3.  Upon completion of his tour in Korea, he was reassigned to Hunter Army Airfield, GA.  He was assigned to the 3rd Battalion, 160th Special Operations Aviation Regiment (Airborne).

4.  He was honorably discharged on 21 January 2003 by reason of physical condition, not a disability.  He completed 4 years and 15 days of creditable active service.  His DD Form 214 shows in:

* item 12f (Foreign Service) the entry "0002  00  00" indicating he completed 2 years of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Aircraft Crewman Badge

* item 18 (Remarks) no entry for any service in a hostile fire/imminent danger pay (HF/IDP) area

5.  Permanent Orders Number 023-026, issued by Headquarters, 3rd Battalion, 160th Special Operations Aviation Regiment (Airborne), Hunter Army Airfield, dated 23 January 2003, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 7 January 1999 through 6 January 2002.

6.  He submitted a certificate issued by his battalion, dated 13 December 2002, that states that he deployed to Afghanistan in support of Operation Enduring Freedom (OEF).  It further states his awards included the National Defense Service Medal, Overseas Service Ribbon, Army Achievement Medal, Army Good Conduct Medal, and Army Service Ribbon.

7.  During the processing of this case, on 24 October 2011, the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirmed the applicant received HF/IDP and combat zone tax exclusion (CZTE) from 21 February through 11 June 2002 for service in Afghanistan, which equates to 3 months and 22 days of deployed service.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It provides that:

	a.  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.

	b.  The Global War on Terrorism Service Medal 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 on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	c.  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 - 30 June 2011)
* Transition I (1 July 2011 - date to be determined)

	d.  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.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18 (Remarks) for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Army Good Conduct Medal (1st Award).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served in Korea from September 1999 through August 2001.  By regulation, he served a qualifying period for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He also served a qualifying period for entitlement to the Global War on Terrorism Service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  He submitted a certificate issued by his battalion, dated 13 December 2002, and states that he deployed to Afghanistan in support of OEF.  DFAS also confirmed he served in Afghanistan from 21 February through 11 June 2002.  Therefore, he is entitled to award of the Afghanistan Campaign Medal with one bronze service star (participation in Consolidation I campaign) and correction of his DD Form 214 to show this award.

5.  He completed 2 years of foreign service in Korea and 3 months and 22 days of foreign service in Afghanistan, for a total of 2 years, 3 months, and 22 days of foreign service.  Therefore, he is entitled to correction of his DD Form 214 to show his total foreign service.

6.  With respect to the Army Achievement Medal, although the certificate issued by his battalion shows his awards included the Army Achievement Medal, there is no evidence of record and he did not provide any corroborating evidence that shows he was recommended for or awarded this medal.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

	a.  deleting from item 12f of his DD Form 214 the entry "0002  00  00" and replacing it with the entry "0002  03  22";

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Korea Defense Service Medal

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020221-20020611."

2.  The Board further determined that 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 adding the Army Achievement Medal to his DD Form 214.



      ____________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)                                         AR20110010852



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ABCMR Record of Proceedings (cont)                                         AR20110010852



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