IN THE CASE OF:	  

		BOARD DATE:  1 March 2012

		DOCKET NUMBER:  AR20110017178 


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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Afghanistan.
 
2.  The applicant states:

* His overseas service in Afghanistan is not listed on his DD Form 214
* He served in Operation Enduring Freedom (OEF)
* He wants his DD Form 214 corrected because an Ohio law allows veterans who were on active duty and served in OEF to receive a veterans State bonus

3.  The applicant provides:

* DD Form 214
* Ohio driver license
* Coin for service in Afghanistan
* Leave and Earning Statements which show he received hostile fire pay, combat zone tax exclusion, and hardship duty pay  

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 10 July 2000.  He completed his training and was awarded military occupational specialty 11B (infantryman).  On 9 July 2003, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  Item 12f of his DD Form 214 shows no foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Army Achievement Medal, Army Service Ribbon, Combat Infantryman Badge, Expert Infantryman Badge, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Item 18 (Remarks) shows no entry for deployed service.

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay and combat zone tax exclusion from 
5 December 2002 through 11 March 2003 for service in Afghanistan (total of 
3 months and 8 days).  

5.  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.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that for:

* item 12f – enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* 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 COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"




6.  Army Regulation 600-8-22 (Military Awards) states 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.  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 Global War on Terrorism Service Medal (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 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.  The DFAS information is accepted as sufficient evidence on which to amend items 12f and 18 of his DD Form 214 to show he served in Afghanistan.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed 3 months and 8 days of foreign service and item 18 should be corrected to show he served in Afghanistan from 5 December 2002 to 11 March 2003.

2.  As a related issue and based on his service in Afghanistan, he is entitled to the Afghanistan Campaign Medal with one bronze service star.  His DD Form 214 should be corrected to show this medal.

3.  In addition, he served a period of qualifying service for award of 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:

	a.  deleting the entry in item 12f of his DD Form 214 and adding the entry "0000 03 08;"

	b.  adding the Afghanistan Campaign Medal with one bronze service star and GWOTSM to item 13 of his DD Form 214; and

	c.  adding the entry "SERVICE IN AFGHANISTAN FROM 20021205-20030311" to item 18 of his DD Form 214.



      _______ _   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)                                         AR20110017178



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ABCMR Record of Proceedings (cont)                                         AR20110017178



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