IN THE CASE OF:	  

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120003267 


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 award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, and Meritorious Service Medal.

2.  The applicant states he was deployed to Afghanistan for the period February through August 2002 in support of Operation Enduring Freedom and many of the awards were approved after he was medically retired.

3.  The applicant provides a copy of his DD Form 214 and DA Form 4980-12 (Meritorious Service Medal Certificate).

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.  Having prior service in the U.S. Marine Corps, the applicant enlisted in the Regular Army on 11 July 2000.  He completed training and was awarded military occupational specialty 92A (Automated Logistical Specialist).  The highest rank/grade he attained during this period of service was sergeant (SGT)/E-5.  He served in Southwest Asia for the period 14 February through 27 July 2002.

3.  Permanent Orders Number 063-4, issued by Headquarters, U.S. Army Network Enterprise Technology Command, 9th Army Signal Command, dated      4 March 2004, awarded him the Meritorious Service Medal for the period           18 March 1996 to 15 March 2004.

4.  On 24 March 2004, he was honorably retired from active duty and transferred to the U.S. Army Reserve Control Group (Retired) in the rank/grade of SGT/E-5.  His DD Form 214 does not show award of the Afghanistan Campaign Medal,  Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, or Meritorious Service Medal.

5.  During the processing of this case, the Defense Finance and Accounting Service reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for Afghanistan from 19 February through 25 July 2002.

6.  Army Regulation 600-8-22 (Military Awards) states 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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the 50 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, including Kuwait/Iraq.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the areas of eligibility designated or meet other specified criteria.

7.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who 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.  During the applicant's tour of duty in Afghanistan he completed a qualifying period of service during one campaign:  Consolidation I (1 December 2001-30 September 2006).

8.  Army Regulation 600-8-22 provides that under no condition will personnel or units receive the Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.

9.  In view of the foregoing, an ABCMR staff member contacted the applicant to ask if he would prefer to have the Afghanistan Campaign Medal with one bronze service star in lieu of the Global War on Terrorism Expeditionary Medal.  The applicant stated he desired to receive the Afghanistan Campaign Medal with one bronze service star.

10.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility 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 or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to show award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, and Meritorious Service Medal has been carefully examined and found to have partial merit.

2.  Permanent orders awarded him the Meritorious Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

3.  The evidence shows he completed a qualifying period of service for entitlement to either the Afghanistan Campaign Medal with one bronze service star or the Global War on Terrorism Expeditionary Medal.  However, regulatory policy prohibits the award of both medals for the same period of time.  The applicant informed an ABCMR staff member that he desired to have the Afghanistan Campaign Medal with one bronze service star in lieu of the Global War on Terrorism Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show award of the Afghanistan Campaign Medal with one bronze service star.
4.  The applicant served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

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 adding the Meritorious Service Medal, Afghanistan Campaign Medal with one bronze service star, and Global War on Terrorism Service Medal to his DD Form 214.

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 award of the 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)                                         AR20120003267



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ABCMR Record of Proceedings (cont)                                         AR20120003267



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