IN THE CASE OF:	  

		BOARD DATE:	  8 May 2012

		DOCKET NUMBER:  AR20110021308 


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 deployed overseas service in Afghanistan and the award of:

* all authorized awards in conjunction with this service
* the Overseas Service Ribbon (2nd Oak Leaf Cluster)
* the Noncommissioned Officer (NCO) Professional Development Ribbon (NCOPDR) (2d Award)

2.  He states his personnel records related to his deployed service did not follow him back to Fort Riley.  He believes he is authorized Overseas Service Ribbons for service in Korea, Bosnia, and Kuwait.

3.  He provides:

* Coalition Joint Task Force-Kuwait (CJTF-KU C8) (Forward) Orders
B-1047 (Temporary Duty)
* (CJTF-KU) C8 (Forward) memorandum, subject: NATO Travel Order
* DA Form 638 (Recommendation for Award)
* Stabilization Force 5 Multi-National Division (North) Operation Joint Forge, Bosnia-Herzegovina Certificate of Participation
* Operation Joint Forge Scroll of Appreciation
* Basic NCO Course Diploma
* his DD Form 214
 
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.  His military records show that with previous Army National Guard service he enlisted in the Regular Army on 31 December 1996.

3.  His DA Form 2-1 (Personnel Qualification Record) shows he:

* was stationed in Korea during the period 14 January 1997 through 13 January 1998
* served in Bosnia in a temporary duty status during an undeterminable period of time
* completed the Basic NCO Course in 2001

4.  CJTF-KU C8 (Forward) Orders B-1047, dated 25 November 2001, ordered him to proceed on temporary duty from Kuwait to Bagram Airfield, Afghanistan and return with a proceed date of 25 November 2001 via Germany.

5.  CJTF-KU C8 (Forward) memorandum, subject: NATO Travel Order, dated 26 November 2001, shows he was scheduled to depart from Germany to Turkey on 26 November 2001 with an expected date of return to Germany of 16 January 2002.

6.  A DA Form 638 states in the proposed citation that the applicant served in support of CJTF-KU (Forward) from 10 August 2001 through 20 December 2001.

7.  He was honorably discharged from active duty on 29 January 2003.  He completed 6 years and 29 days of creditable active service during this period.

8.  His DD Form 214 shows the:

* Army Lapel Button
* Army Commendation Medal (3d Award)
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal 
* NCOPDR
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization (NATO) Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

9.  Item 18 (Remarks) of his DD Form 214 does not show his deployed service.

10.  During the processing of this case the Defense Finance and Accounting Service (DFAS) confirmed through the Soldier's Master Military Pay Account he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion for Kuwait from 9 August 2001 through 11 December 2001.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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.  The Afghanistan Campaign Medal 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.  Service members must have been assigned, attached, or mobilized to units operating in the AOE for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the AOE while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the AOE, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the AOE in direct support of the military operations.  Under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service. 

	b.  Service members qualified for the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	c.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.

	d.  Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in OEF and Operation Iraqi Freedom in designated specific geographic AOE's, including Kuwait.

	e.  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 Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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.

	f.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

		(1) According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

		(2) Information received from the U.S. Army Human Resources Command on 29 November 2011 stated they were provided guidance from G-1 in January 2006 to award short tour credit to those Soldiers who served a combat deployment/operational deployment (non-combat) tour for 9 months or 8 months and 16 days or more.  Therefore, the Overseas Service Ribbon may be granted if the applicant served at least 8 months and 16 days on his/her tour.

	g.  Specified criteria for the award of the Korea Defense Service Medal is as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

	h.  The NCOPDR is awarded for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the NCOPDR with the numeral which identifies the highest level of NCO Education System successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

12.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It states for 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)."

DISCUSSION AND CONCLUSIONS:

1.  His records show he successfully completed the Basic NCO Course.  As such, he is entitled to correction of his DD Form 214 to show the NCOPDR-2.
 
2.  His DA Form 2-1 shows he completed a tour in Korea.  However, there is insufficient evidence to show he met the criteria for completion credit for any additional overseas tours.  Therefore, there is an insufficient basis to support a second or third award of the Overseas Service Ribbon.

3.  Orders B-1047, dated 25 November 2001, ordered the applicant to proceed on temporary duty from Kuwait on or about 25 November 2001 to Bagram Airfield, Afghanistan and return via Germany.  A NATO Travel Order shows he was scheduled to depart from Germany to Turkey on 26 November 2001 with an expected date of return to Germany of 16 January 2002.

   a.  A DA Form 638 states he served in support of CJTF-KU (Forward) from 10 August 2001 through 20 December 2001.  DFAS confirmed through the Soldier's Master Military Pay Account he received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion for Kuwait from 9 August 2001 through 11 December 2001.  The available information is not sufficient to determine with certainty the exact period of time he served in Kuwait/
Afghanistan in support of OEF.  However, based on the available information it would be appropriate to add the entry, "SERVICE IN KUWAIT FROM 20010810-20011211" to item 18 of his DD Form 214.
   
   b.  While it appears he may have served at least some time in Afghanistan it is not possible to determine the exact period of time he served.  As such, there is an insufficient basis on which to support award of the Afghanistan Campaign Medal.
   
4.  Based on his qualifying service in support of OEF he is entitled to the Global War on Terrorism Expeditionary Medal.  As such, he is entitled to have this award added to his DD Form 214.

5.  Based on his qualifying service in support of OEF he is entitled to the Global War on Terrorism Service Medal.  As such, he is entitled to have this award added to his DD Form 214.

6.  Evidence indicates he served during a period of qualifying service authorized for the Korea Defense Service Medal.  As such, it would be appropriate to add this award to his DD Form 214.
  
7.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 amending his DD Form 214 for the period ending 29 January 2003 by:

	a.  deleting the NCOPDR;

	b.  adding the NCOPDR-2, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Korea Defense Service Medal; and

	c.  adding in item 18 the entry, "SERVICE IN KUWAIT FROM 20010810-20011211."

2.  The Board further determined 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 showing award of the Overseas Service Ribbon with (2nd Oak Leaf Cluster) and service in Afghanistan.  




      _______ _   _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)                                         AR20110021308



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ABCMR Record of Proceedings (cont)                                         AR20110021308



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