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ARMY | BCMR | CY2011 | 20110012814
Original file (20110012814.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110012814 


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.

2.  The applicant states he deployed to Afghanistan with F Company,
2nd Battalion, 506th Infantry, from 19 March 2008 to 3 April 2009; however, his combat service is not shown on his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* a Soldier Deployment History Outprocessing Report
* a certificate awarding him the NATO Medal

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 February 2007 and he held military occupational specialty 88M (Motor Transport Operator).  He was assigned to the 801st Combat Support Battalion, Fort Campbell, KY.

2.  On 16 November 2010, an informal physical evaluation board convened at Fort Lewis, WA, and recommended placing him on the temporary disability retired list.  He concurred.

3.  He was honorably retired from active duty on 5 January 2011 by reason of temporary disability.  He was placed on the Temporary Disability Retired List (TDRL).  The DD Form 214 he was issued shows he completed 3 years,
10 months, and 15 days of creditable active service.  This form further shows in:

* Item 12f (Foreign Service) the entry "0000  00  00" (no foreign service)
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge with Mechanic Bar

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

4.  He submitted:

* A Soldier Deployment History Outprocessing Report, dated 19 August 2009, that shows he served in a named operation from 19 March 2008 through 3 April 2009
* A certificate showing he was awarded the NATO Medal for service with the 2nd Battalion, 506th Infantry, 101st Airborne Division, in Afghanistan from 21 March 2008 to 27 March 2009

5.  The Defense Finance and Accounting Service, Indianapolis, IN, confirmed the applicant received HF/IDP and combat zone tax exclusion (CZTE) for service in Afghanistan from 21 March 2008 through 2 March 2009.

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.  It states for:

* Item 12 (Record of Service), use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information
* Item 12f, from the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered by the DD Form 214
* 
Item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)"

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

8.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  

	a.  A Frequently Asked Questions Document from the U.S. Army Human Resources Command Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  It states, "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).

	b.  According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Afghanistan from 19 March 2008 to 3 April 2009 as confirmed by his Soldier Deployment History Outprocessing Record.  This period 

is consistent with his award of the NATO Medal and with his pay record that shows he received HF/IDP and CZTE for service in Afghanistan from 21 March 2008 to 2 March 2009.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 1 year and 16 days of foreign service in an HF/IDP area in Afghanistan.

2.  He completed a qualifying period of service in Afghanistan for entitlement to the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this award.

3.  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 entitled to one bronze service star for wear on this award.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record shows he was awarded the NATO Medal which is not shown on his DD Forms 214.  Therefore, his DD Form 214 should be corrected to show this award.

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 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0001  00  16";

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

* Afghanistan Campaign Medal with one bronze service star
* Overseas Service Ribbon
* NATO Medal
* adding to item 18 of his DD Form 214 the entry "Service in Afghanistan From 20080319 - 20090403"



      __________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)                                         AR20110012814



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ABCMR Record of Proceedings (cont)                                         AR20110012814



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