IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110015967 


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 the country of Afghanistan in support of Operation Enduring Freedom while assigned to the 22d Personnel Services Battalion.

2.  He states he needs this information annotated on his DD Form 214 in order to be eligible for the State of Ohio Bonus Program.

3.  He provides no additional 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.  His record shows he enlisted in the Regular Army on 16 February 2001 and held military occupational specialty 42L (Administrative Specialist).  He was honorably discharged on 20 June 2004 after completing 3 years, 4 months, and 5 days of creditable active service.  At the time of his separation, he held the rank/pay grade of specialist/E-4.

3.  His DD Form 214 contains the following information:

* item 12f (Foreign Service) does not show he served overseas
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

* item 18 (Remarks) of this form does not show the specific dates of his deployment or to which country he deployed

4.  His record contains Orders 042-015 issued by Detachment A, 22d Personnel Services Battalion, Fort Lewis, WA, on 11 February 2004 which show he was awarded the Army Good Conduct Medal for the period 16 February 2001 to 15 February 2004.

5.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Afghanistan during the period 11 May 2002 through 5 January 2003, a period of 7 months and 25 days.

6.  As a related item, Army Regulation 600-8-22 (Military Awards) 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)

7.  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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states:

	a.  the total amount of foreign service completed during the continuous period of active service will be entered as "YYYY MM DD" in item 12f;

	b.  all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13; and

	c.  for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his foreign service in Afghanistan was carefully considered and determined to have merit.

2.  A query of his MMPA maintained by DFAS revealed he received pay and tax exclusion entitlements associated with deployment to the hostile fire area of Afghanistan during the period 11 May 2002 through 5 January 2003, a period of 7 months and 25 days.  Therefore, he is entitled to have this foreign service shown in item 12f of his DD Form 214.  Additionally, item 18 of his DD Form 214 should be amended to show the period of his deployment and the country to which he deployed.

3.  As a related item, the evidence shows he served a qualifying period of service in Afghanistan for award of the Afghanistan Campaign Medal and he participated in one campaign.  Therefore, he is entitled to correction of his records to show the Afghanistan Campaign Medal with one bronze service star.

4.  He was awarded the Army Good Conduct (1st Award) in official orders.  Therefore, he is entitled to correction of his DD Form 214 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 amending his DD Form 214 in the following manner:

* deleting the current entry in item 12f and replacing it with "0000  07  25"
* adding the Army Good Conduct Medal (1st Award) and Afghanistan Campaign Medal with one bronze service star to item 13
* adding the entry "SERVICE IN AFGHANISTAN FROM 200200511-20030105" to item 18



      _______ _ 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)                                         AR20110015967



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ABCMR Record of Proceedings (cont)                                         AR20110015967



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