IN THE CASE OF:	  

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20120000846 


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, through his Congressional representative, the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 January 2004:

* Army Commendation Medal
* Army Achievement Medal
* Iraq Campaign Medal
* Afghanistan Campaign Medal
* Global War on Terrorism Expeditionary Medal
* Combat Infantryman Badge

2.  He also requests his dates of deployment to Afghanistan and Iraq be added to his DD Form 214.

3.  The applicant states the awards and dates of deployment were not entered on his DD Form 214.

4.  The applicant provides:

* a certificate of completion from the 505th Parachute Infantry Regiment
* promotion certificate to specialist
* DA Form 638 (Recommendation for Award) (front page only) and certificate for the Army Commendation Medal
* DA Form 638 (front page only) and certificate for the Army Achievement Medal
* orders awarding him the Combat Infantryman Badge
* Memorandum for Record (MFR), dated 9 December 2003, from Headquarters, 3rd Battalion, 505th Parachute Infantry Regiment
* Service Member Deployment History Outprocessing Verification
* 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.  He enlisted in the Regular Army on 17 January 2001 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

3.  A certificate, filed in his official military personnel file (OMPF), awarding him the Army Commendation Medal cites Headquarters, 3rd Brigade, 82nd Airborne Division Permanent Order Number 337-60, dated 3 December 2002.  He received the award for meritorious achievement in support of Operation Enduring Freedom (OEF) from 2 August 2002 to 5 August 2002.

4.  A certificate, filed in his OMPF, awarding him the Army Achievement Medal cites 3rd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division Permanent Order Number 057-02, undated.  He received the award for meritorious achievement during OEF from 1 December 2002 to 18 December 2002.

5.  He provided Headquarters, Coalition Task Force 82, Bagram Airfield, Afghanistan, Permanent Orders 334-243, dated 30 November 2002, awarding him the Combat Infantryman Badge.


6.  He provided an MFR, dated 9 December 2003, from Headquarters, 3rd Battalion, 505th Parachute Infantry Regiment which states he was deployed to:

* Afghanistan from 25 June 2002 to 8 December 2002 (5 months and 
14 days)
* Iraq from 5 August 2003 to 12 November 2003 (3 months and 8 days)

7.  An email from the Defense Finance and Accounting Service (DFAS) states he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for the following periods:

* from 29 June 2002 through 13 December 2002 for Afghanistan
* from 7 August 2003 through 12 November 2003 for Kuwait

8.  On 16 January 2004, he was released from active duty.  He was issued a 
DD Form 214 for the period 17 January 2001 to 16 January 2004.

	a.  Item 12c (Net Active Service This Period) shows he completed 3 years net active service during this period.

	b.  Item 12f (Foreign Service) does not show any foreign service.

	c.  He was awarded or is authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

9.  Item 18 (Remarks) of his DD Form 214 does not show his dates of deployment to Afghanistan and Iraq.

10.  His Enlisted Record Brief (ERB) was not available for review.

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 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.  Included in the approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001 - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)

	b.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Included in the approved campaigns is the Transition of Iraq (2 May 2003 - 
28 June 2004).

	c.  The initial award of the Global War on Terrorism Expeditionary Medal is limited to Soldiers deployed abroad in OEF and OIF in the following Department of Defense designated specific geographic areas of eligibility: Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 degrees east latitude) Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  To be eligible for the Global War on Terrorism Expeditionary Medal a soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days.

		(1)  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.

		(2)  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 19 March 2003 and 
28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq 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.

	d.  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 areas of eligibility (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.  

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a.  Foreign service, taken from the ERB, performed during the period covered in Item 12c of the DD Form 214 will be entered in item 12f.  

	b.  When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  Certificates in his OMPF show he was awarded the Army Commendation Medal and the Army Achievement Medal.  Therefore, these awards should be added to his DD Form 214.

2.  He provided orders showing he was awarded the Combat Infantryman Badge. Therefore, this award should be added to his DD Form 214.

3.  The dates in the MFR, dated 9 December 2003, for his deployments to Afghanistan and Iraq are determined to be the most accurate actual dates of his deployments to those countries.  Therefore:

	a.  Based on his dates of deployment to Afghanistan, he is authorized the Afghanistan Campaign Medal with two bronze service stars.  In addition, the entry SERVICE IN AFGHANISTAN FROM 20020625 TO 20021208 should be entered in item 18 of his DD Form 214.

	b.  Based on his dates of deployment to Iraq, he is authorized the Iraq Campaign Medal with one bronze service star.  In addition, the entry SERVICE IN IRAQ FROM 20030805 TO 20031112 should be entered in item 18 of his 
DD Form 214.

4.  His ERB was not available.  However, his dates of deployments show he had at least 8 months and 22 days foreign service.  Therefore, it would be appropriate to show 8 months and 22 days in item 12f of his DD Form 214.

5.  He is authorized the Iraq Campaign Medal and the Afghanistan Campaign Medal for the periods he was deployed to those countries.  These periods cannot be used for authorization of the Global War on Terrorism Expeditionary Medal.  There is no evidence he was deployed to any other areas where the Global War on Terrorism Expeditionary Medal is authorized.  Therefore, he is not authorized the Global War on Terrorism Expeditionary Medal.

6.  Based on his service outside the AOEs for the Afghanistan Campaign Medal and the Iraq Campaign Medal he is authorized the Global War on Terrorism Service Medal.

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 making the following corrections to his DD Form 214:

	a.  Add the following awards:

* Army Commendation Medal
* Army Achievement Medal
* Afghanistan Campaign Medal with two bronze service stars
* Iraq Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Combat Infantryman Badge

	b.  Item 12f - amend to read 0000 08 22; and

	c.  item 18 - add the following entries:

* SERVICE IN AFGHANISTAN FROM 20020625 TO 20021208
* SERVICE IN IRAQ FROM 20030805 TO 20031112

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 Global War on Terrorism Expeditionary Medal.  




      _______ _   __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)                                         AR20120000846



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ABCMR Record of Proceedings (cont)                                         AR20120000846



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