IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110015999
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 the Afghanistan Campaign Medal, Global War on Terrorism Medal (GWOTSM), and Overseas Service Ribbon be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 April 2003.
2. The applicant states many campaign ribbons had not been authorized and were not added to his DD Form 214.
3. The applicant provides his DD Form 214 for the period ending 13 April 2003.
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 applicants 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 applicants 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 from the U.S. Army Reserve on
15 February 2002 in support of Operation Enduring Freedom. He was released from active duty on 13 April 2003.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 13 April 2003 shows the:
* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Noncommissioned Officers Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
4. Since this DD Form 214 shows the Overseas Service Ribbon, this portion of the applicants request will not be discussed further in these proceedings.
5. Item 18 (Remarks) of this DD Form 214 shows he received imminent danger pay from 4 June 2002 to 4 March 2003 in Uzbekistan/Afghanistan.
6. 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-date to be determined
7. Army Regulation 600-8-22 states the GWOTSM 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 (AOE) 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 days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. Item 18 of his DD Form 214 for the period ending 13 April 2003 shows he received imminent danger pay from 4 June 2002 to 4 March 2003 in Uzbekistan/Afghanistan. Based on his service in Afghanistan, he is entitled to the Afghanistan Campaign Medal with one bronze service star. Therefore, his DD Form 214 should be corrected to show this medal.
2. He served a period of qualifying service for the GWOTSM. His DD Form 214 should be corrected to show this medal.
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 adding the Afghanistan Campaign Medal with one bronze service star and GWOTSM to item 13 of his DD Form 214 for the period ending 13 April 2003.
_______ _ __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) AR20110015999
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ABCMR Record of Proceedings (cont) AR20110015999
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