IN THE CASE OF:	

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120004395 


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 award of the Afghanistan Campaign Medal and Combat Action Badge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show these awards.

2.  He states he applied for benefits from the Department of Veterans Affairs and noticed his DD Form 214 didn't reflect his deployment to Afghanistan or awards for this deployment.

3.  He provides his deployment orders, a memorandum for record awarding the special forces shoulder sleeve insignia for former wartime service, and 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.  The applicant's request for correction of his DD Form 214 to show award of the Combat Action Badge is acknowledged.  However, the ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  This request must be on a DA Form 4187 (Personnel Action) if you are currently on active duty or in an active status.  If you are not on active duty or in an active status, you may request this award by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of your Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation 

Therefore, this portion of the applicant's request will no longer be discussed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 21 January 1998 for a period of 5 years.  Upon completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 31P (Microwave Systems Operations Maintainer).

4.  He provided Orders 3DSFG-03-034, Headquarters, 3d Special Forces Group (Airborne), dated 28 February 2002, which indicate he was temporarily reassigned/deployed to Afghanistan on or about 28 February 2002 for a period of 179 days in support of Operation Enduring Freedom (OEF).

5.  He was honorably released from active duty on 20 January 2003.  His DD Form 214 shows in:

* item 12f (Foreign Service) – he completed 1 year, 5 months, and 26 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – no award of the Afghanistan Campaign Medal 
* item 18 (Remarks) – no entry indicating service in Afghanistan

6.  His service record contains an Army Commendation Medal Certificate which shows he was awarded the Army Commendation Medal for meritorious service during OEF during the period 10 March to 15 September 2002 by Permanent Order Number 195-03, dated 13 July 2004.

7.  Information obtained from the Defense Finance and Accounting Service revealed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 28 February to 1 August 2002.

8.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who 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.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan – 11 September 2001-30 November 2001
* Consolidation I – 1 December 2001-30 September 2006
* Consolidation III – 1 October 2006-30 November 2009
* Consolidation III – 1 December 2009-30 June 2011
* Transition I – 1 July 2011-to be determined

9.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) 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 GWOTSM.

10.  Army Regulation 635-5 (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 that for an active duty Soldier 
deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's military pay records show he received HFP/IDP and CZTE for the period 28 February to 1 August 2002 for service in Afghanistan.

2.  His Army Commendation Medal Certificate shows he served in support of OEF during the period he received HPF/IDP and CZTE for Afghanistan.  However, his DD Form 214 does not show awards for his service in Afghanistan.

3.  The evidence of record shows he served a period of qualifying service for award of the Afghanistan Campaign Medal with one bronze service star and the GWOTSM.  Therefore, these awards should be added to his DD Form 214.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  adding award of the Afghanistan Campaign Medal with one bronze service star and GWOTSM and

	b.  adding the entry "SERVICE IN AFGHANISTAN FROM 20020228-20020801."



      ___________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)                                         AR20120004395



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ABCMR Record of Proceedings (cont)                                         AR20120004395



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