BOARD DATE:	2 February 2012

		DOCKET NUMBER:  AR20110014583 


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 award of either the Afghanistan Campaign Medal or the Global War on Terrorism Expeditionary Medal in recognition of his foreign service in Afghanistan.

2.  He states he served in the 339th Combat Support Hospital located at Bagram Air Base from 25 June to 10 December 2002.  The medals were not included on his DD Form 214 because they were authorized by Executive Order 13363, dated 29 November 2004, which was after he was released from active duty.

3.  He provides:

* his DD Form 214
* two memoranda
* two orders
* Executive Order 13363

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 was ordered to active duty as a member of the U.S. Army Reserve in support of Operation Enduring Freedom on 14 May 2002.  He was honorably released from active duty on 6 January 2003 after he completed 7 months and 23 days of creditable active service.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) contains the following information:

	a.  item 5 (Oversea Service) shows he served in Afghanistan,

	b.  item 9 (Awards, Decorations, and Campaigns) shows the Global War on Terrorism Expeditionary Medal is included in his authorized awards, and

	c.  item 35 (Record of Assignments) shows he served as a mental health specialist assigned to the 339th Combat Support Hospital while deployed in Afghanistan.

4.  The applicant's DD Form 214 shows in:

	a.  item 12f (Foreign Service), the entry "0000  00  00" indicating he completed no foreign service during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon

	c.  item 18 (Remarks), he served in Afghanistan from 25 June 2002 to 10 December 2002, a period of 5 months and 16 days.

5.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for deployment to Afghanistan from June to December 2002.

6.  The applicant provides a memorandum rendered by the Adjutant, Task Force 44th Medical Brigade, Operation Enduring Freedom, on 1 December 2002.  This memorandum shows the applicant was deployed to Bagram Airbase, Afghanistan, in support of Operation Enduring Freedom on 25 June 2002 and redeployed to home station on 15 December 2002.

7.  The applicant provides a memorandum rendered by the Commander, 339th Combat Support Hospital, on 22 November 2004 which shows he was recommended for award of the Global War on Terrorism Expeditionary Medal in recognition of his service in Afghanistan.

8.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense, including Kuwait/Iraq.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the areas of eligibility designated or meet other specified criteria.

9.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  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-to be determined)

10.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.
11.  In view of the foregoing, an ABCMR staff member contacted the applicant to ask if he would prefer to have the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  The applicant stated he desired to retain the Global War on Terrorism Expeditionary Medal because he already had a certificate and documentation for the medal.

12.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who 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, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations; and

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his DD Form 214 should be corrected to show award of either the Afghanistan Campaign Medal or Global War on Terrorism Expeditionary Medal was carefully considered and determined to have merit.

2.  The evidence clearly shows he deployed to Afghanistan for a period of 5 months and 16 days from 25 June through 10 December 2002.  Therefore, item 12f of his DD Form 214 should be corrected to show this period of foreign service.

3.  The evidence shows he completed a qualifying period of service for entitlement to either the Afghanistan Campaign Medal or the Global War on Terrorism Expeditionary Medal.  However, the Global War on Terrorism Expeditionary Medal is recorded on his DA Form 2-1 and regulatory policy prohibits the award of both medals for the same period of time.  Additionally, the applicant informed an ABCMR staff member that he did not desire to have the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show award of the Global War on Terrorism Expeditionary Medal.

4.  The applicant served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  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 the evidence presented is 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 entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with the entry "0000  05  16" and

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

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service 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)                                         AR20110014583



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ABCMR Record of Proceedings (cont)                                         AR20110014583



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