IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110020888
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 deployment to Afghanistan and the appropriate service ribbon.
2. He states he served in Afghanistan for over 30 days. He adds his
DD Form 214 was not updated because of his early departure from deployment.
3. He provides his Leave and Earnings Statement for the period 1-30 April 2005 showing receipt of hostile fire/imminent danger pay (HF/IDP).
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 enlisted in the Regular Army on 21 May 2004. He was honorably discharged on 17 May 2005. He was credited with 11 months and
27 days of creditable active service.
3. His DD Form 214 shows in:
* Item 13 the:
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Item 18 no deployment entry
4. The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received HF/IDP and combat zone tax exemption (CZTE) from
22 March 2005 through 1 May 2005 while assigned in Afghanistan.
5. 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. 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. His record indicates that during his service in Afghanistan he participated in the Consolidation I campaign (1 December 2001 - 30 September 2006).
6. Army Regulation 635-5 (Personnel Separations - 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. It states that for an active duty Soldier deployed to a foreign country 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. DFAS confirmed the applicant served in Afghanistan from 22 March 2005 through 1 May 2005. He also participated during one campaign phase. Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.
2. Based on his service in Afghanistan he is also entitled to correction of his
DD Form 214 to show this deployment. Therefore, his DD Form 214 should be corrected accordingly.
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. adding to item 13 of his DD Form 214 the Afghanistan Campaign Medal with one bronze service star, and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20050322 - 20050501."
___________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) AR20110020888
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ABCMR Record of Proceedings (cont) AR20110020888
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