IN THE CASE OF:	  

		BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110017720 


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 the Afghanistan Campaign Medal and the Combat Action Badge. 

2.  He states these medals were authorized after his release from active duty.  He is eligible for both medals and would like them added to his DD Form 214.  He served in Afghanistan from August 2003 to May 2004 with the 2nd Battalion, 87th Infantry Regiment, 10th Mountain Division.

3.  The applicant provides no additional medals.  

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 13 July 2000.  He completed basic and advanced individual training and was awarded military occupational specialty 92G (Food Service Specialist).  

3.  Item 18 (Remarks) of his DD Form 214 shows he served in Afghanistan from 5 August 2003 to 23 May 2004 (a period of 9 months and 19 days).

4.  His service record is void of any orders or other documents showing he was ever recommended for or awarded the Combat Action Badge by proper authority while serving on active duty.

5.  He was released from active duty on 12 July 2005 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service.  

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows, in part, award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Global War on Terrorism Service Medal (GWOTSM).  His DD Form 214 doesn’t show award of the Combat Action Badge.  

7.  On 27 February 2012, a member of the Board’s staff contacted the applicant to inform him that by regulation, both the Afghanistan Campaign Medal and GWOTEM could not be awarded for the same period of service in Iraq and that he would have to elect only one of these awards for his Afghanistan service.  He was also informed that if he still desired award of the Afghanistan Campaign Medal, the GWOTEM would be deleted from his DD Form 214.  The applicant responded on 28 February 2012 and stated he preferred to keep award of the GWOTEM.  He also stated he was eligible for the Combat Action Badge, was personally present and actively engaged by enemy forces in multiple locations while serving in Afghanistan (e.g., Asadabad, Ghazni, and Jalabad).  

8.  Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.



9.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 shows he served in Afghanistan from 5 August 2003 to 23 May 2004 (a period of 9 months and 19 days).

2.  Based on his service in Afghanistan, he is eligible for award of the GWOTEM and the Afghanistan Campaign Medal.  However, regulation precludes receipt of both of these awards for the same act, achievement, or period of service.  

3.  He was informed by email that he could keep his award of the GWOTEM or if he still desired award the Afghanistan Campaign Medal, his GWOTEM would be deleted from his DD Form 214.  He elected to keep award of the GWOTEM.  Therefore, there is no basis for amending his DD Form 214 to show award of the Afghanistan Campaign Medal.  

4.  By regulation, in order to award the Combat Action Badge there must be evidence that a Soldier serving in an area where hostile fire pay or imminent danger pay is authorized was personally present and actively engaged or was being engaged by the enemy.  The Soldier must have performed satisfactorily in accordance with the prescribed rules of engagement.

5.  The applicant's record is void of any orders or other documents indicating he was ever recommended for or awarded the Combat Action Badge by proper authority while serving in Afghanistan.

6.  Further, there are no documents on file in his service records and he failed to provide any that confirm his participation in active ground combat while serving in Afghanistan.  As a result, the regulatory criteria necessary to support award of the Combat Action Badge has not been satisfied in this case.

7.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by amending item 12f of his DD Form 214 to show he completed 9 months and 19 days of foreign service.  




      _______ _   _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)                                         AR20110017720





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ABCMR Record of Proceedings (cont)                                         AR20110017720



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