IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110020936 


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 the:

* Afghanistan Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Global war on Terrorism Service Medal

2.  The applicant states he served in Afghanistan in a temporary duty (TDY) status from 26 May 2002 to 1 August 2002.  At the time of his discharge, these awards were not finalized.   He is a Federal employee and needs his DD Form 214 updated.

3.  The applicant provides:

* Two DD Forms 1610 (Request and Authorization for TDY Travel of DOD Personnel)
* Leave and Earnings Statement (LES)
* Request and Travel Authorization Expense Reports
* Memorandum, Titled: Official Courier of Classified Material
* U.S. Passport
* Republic of Yemen Visa

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 15 July 1998 and he held military occupational specialty 98C (Signal Intelligence Analyst).  His record shows he was assigned to the 741st Military Intelligence Battalion, Fort Meade, MD on 13 September 1999.

3.  He submits:

* DD Form 1610, dated 21 May 2002, authorizing him travel to Qatar, Yemen, and Afghanistan, for a period of 120 days in support of Operation Enduring Freedom, proceeding on or about 26 May 2002
* December 2002 LES, that show he received hostile fire (HFP) from
1 May 2002 to 31 August 2002
* Request and Travel Authorization Expense Report that shows he departed Baltimore, MD, on 26 May 2002 and arrived in Yemen on 27 May 2002
* Request and Travel Authorization Expense Report that shows he departed Yemen on 30 July 2002 and arrived in Qatar on 1 August 2002
* Request and Travel Authorization Expense Report that shows he departed Qatar on 1 August 2002 
* Request and Travel Authorization Expense Report that shows he departed Yemen on 6 August 2002 and arrived back in Baltimore, MD on 7 August 2002
* Memorandum, dated 7 August 2002, Titled:  Official Courier of Classified Material showing he departed Yemen on 7 August 2002
* U.S. Passport and Visa for the Republic of Yemen

4.  He was honorably discharged on 30 August 2003 at the expiration of his term of service.  His DD Form 214 shows in:

	a.  Item 12f (Foreign service) the entry "000  00  00";

	b.  Item 13c the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

	c.  Item 18 (Remarks), no entry for service in an HF/IDP area.

5.  The Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service from 1 May 2002 to 31 August 2002 for Afghanistan.

6.  General Order Number D7-1468-03, issued by the National Security Agency, Central Security Service, Fort Meade, dated 20 October 2003, awarded him the Joint Service Commendation Medal for meritorious service from November 1999 to November 2003. 

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility (AOE) 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.

	c.  The Global War on Terrorism Expeditionary Medal is awarded to members 
assigned, attached, or mobilized to a unit participating in designated operations 

for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to members deployed abroad in OEF and Operation Iraqi Freedom (OIF) in designated specific geographic AOE, including Yemen.

	c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

8.  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 for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for an active duty Soldier deployed to a foreign country 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)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Yemen from on or about 28 May 2002 to on or about 6 August 2002, a period of 71 days (2 months and 11 days) in support of OIF.  Therefore, his DD Form 214 should be corrected to show his foreign/combat service.

2.  He served during a qualifying period of service in Yemen for entitlement to the Global War on Terrorism Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He served during a qualifying period of service for entitlement to the Global War Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  General orders awarded him the Joint Service Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  With respect to the Afghanistan Campaign Medal, there is no evidence of record and he did not provide any evidence that shows he served in direct support of OEF in the area of eligibility that encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  02  11";

	b.  adding to item 13 of his DD Form 214 the:

* Joint Service Commendation Medal
* Global War on Terrorism Expeditionary Medal
* Global War Global War on Terrorism Service Medal

	c.  adding to item 18 of his DD Form 214 the entry "Service in Yemen from 20020528 - 20020806."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 

denial of so much of the application that pertains to adding the Afghanistan Campaign Medal to 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)                                         AR20110020936



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ABCMR Record of Proceedings (cont)                                         AR20110020936



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