IN THE CASE OF:

		BOARD DATE: 21 June 2012

		DOCKET NUMBER:  AR20120000927 


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 during Operation Enduring Freedom (OEF) and his award of the Combat Infantryman Badge.

2.  The applicant states that his deployment and Combat Infantryman Badge are not listed on his DD Form 214.

3.  The applicant provides copies of his Combat Infantryman Badge orders and a 
28 April 2003 memorandum for record showing he served in support of Operation Enduring Freedom from 7 July 2002 through 15 January 2003 (6 months and 
13 days).

 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 18 May 2001.  He completed training and was awarded military occupational specialty 11B (Infantryman).

3.  The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) in Afghanistan from 9 July 2002 through
15 January 2003.  The 28 April 2003 memorandum provided by the applicant shows he was deployed from 7 July 2002 through 15 January 2003.

4.  Headquarters, Coalition Task Force 82 Permanent Orders 361-500, dated 
27 December 2002, awarded him the Combat Infantryman Badge. 

5.  He was separated with a general discharge on 8 May 2003.  He had completed 1 year, 11 months, and 21 days of net active duty service.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) no foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.

	c.  item 18 (Remarks) no entries for deployed service.

6.  Army Regulation 600-8-22 (Military Awards) states the:

	a.   Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (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.  During his service in Afghanistan he participated in the following named campaign:  Consolidation I (1 December 2001-30 September 2006).

	b.  Global War on Terrorism Service Medal (GWOTSM) 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, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 12f  enter the total amount of foreign service completed during the period covered in block 12c, and

	b.  item 18 is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries.  For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders award him the Combat Infantryman Badge.

2.  The evidence provided by the applicant is accepted as sufficient to show he was deployed to Afghanistan from 7 July 2002 through 15 January 2003 (6 months and 13 days).  Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star.

3.  He served a qualifying period for award of the Global War on Terrorism Service Medal.

4.  These awards should be added to his DD Form 214.

5.  Item 12f of his DD Form 214 should be corrected to show he completed 
"00 06 13."

6.  Item 18 of his DD Form 214 should be corrected to show his service in Afghanistan.






BOARD VOTE:

___x____  ____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting the entry in item 12f of his DD Form 214 and adding "00 06 13";

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

* Combat Infantryman Badge 
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal

   c.  adding to item 18 of his DD Form 214 "SERVICE IN AFGHANISTAN 20020707-20030115."



      ____________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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20120000927



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