IN THE CASE OF:	  

		BOARD DATE:	    6 March 2012

		DOCKET NUMBER:  AR20110015856 


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 and any related awards.

2.  The applicant states in his haste to get home he did not properly review his DD Form 214 work sheet or the final product before signing the document.  He was denied veterans benefits because his service in Afghanistan is not reflected in item 12f (Foreign Service) of his DD Form 214.

3.  The applicant provides:

* DA Form 638 (Recommendation for Award), dated 22 May 2003
* DA Form 2796 (Post Deployment) Health Assessment, dated 30 June 2003
* Defense Joint Military System (DJMS) Leave and Earning (LES) Online Inquiry System Printout
* Orders Numbers 337-01, issued by Headquarters, 82d Airborne Division, dated 3 December 2002 and associated Task Force By Name Listing



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 30 August 2000.  He completed training and was awarded military occupational specialty 92A (Automated Logistical Specialist).

3.  On 15 December 2006, he was honorably discharged.  His DD Form 214 shows the following entries:

   a. Item 12f (Record of Service – Foreign Service) does not show the completion of any foreign service.

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge
* Air Assault Badge
* Driver and Mechanic Badge with Wheeled Vehicle Clasp

   c. Item 18 (Remarks) of his DD Form 214 does not show his participation in named operations or operational deployments.

4.  The applicant provides and his official military personnel file (OMPF) contains an Army Commendation Medal awarded to him for his support of Operation Enduring Freedom for the period 11 December 2002 to 11 July 2003.
5.  Defense Finance and Accounting Service (DFAS) records shows he received hostile fire/imminent danger pay and combat zone tax exclusion for Afghanistan from 9 December 2002 through 24 July 2003.

6.  He provides a pay record, deployment orders, and post deployment checklist which show he was deployed with Company B, Logistics Task Force 307 in support of Operation Enduring Freedom and combat operations in Afghanistan.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.

	a.  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.  He served during the Afghanistan Consolidation I (1 December 2001 - 30 September 2006) campaign.

	b.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

8.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  Chapter 
2 contains guidance on the preparation of the DD Form 214.  It states that the total amount of foreign service completed during his or her continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form.



DISCUSSION AND CONCLUSIONS:

1.  According to DFAS records, he served in Afghanistan from 9 December 2002 to 24 July 2003.  This foreign service is not reflected on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show it.

2.  The available evidence shows he served a qualifying period of service for award of the Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Expeditionary Medal and these awards should be added to his DD Form 214.

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.  amending item 12f of his DD Form 214 to read "0000 07 16"
   
   b.  adding the Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Expeditionary Medal to item 13 of his DD Form 214; and

   c.  amending item 18 of his DD Form 214 to add the entry "SERVICE IN AFGHANISTAN FROM 20021209 – 20030724.



      _______ _   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)                                         AR20110015856





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ABCMR Record of Proceedings (cont)                                         AR20110015856



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