BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120005010 


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 Combat Action Badge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct dates of service in Afghanistan from June to 11 September 2003.

2.  The applicant states his DD Form 214 shows he served in Afghanistan in 1999; however, he was at Fort Carson, CO, from January to June 1999 and in the Netherlands from July to December 1999.  Additionally, he should be awarded the Combat Action Badge as his unit received one. 

3.  The applicant provides:

* DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the periods July 1999 through June 2000, August 1998 through June 1999, and February 2003 through January 2004
* Certificate of Achievement
* DA Form 638 (Recommendation for Award)
* 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.  With respect to the Combat Action Badge:

	a.  Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies.  There is no evidence that the applicant submitted an application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN:  Veterans Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743, and was denied relief for this award.

	b.  The Combat Action Badge may be requested by letter and must contain the following:

* assignment, attachment, or operational control orders
* a copy of the Soldier's Officer or Enlisted Record Brief
* a copy of the chain of command endorsement, if applicable
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* any other supporting documentation

	c.  Therefore, the issue of the Combat Action Badge will not be discussed further in this Record of Proceedings.

3.  The applicant's records show he enlisted in the Regular Army on 13 August 1987 and he held military occupational specialty 94H (Test, Measurement, and Diagnostic Equipment Maintenance Support Specialist).

4.  He served through multiple reenlistments in a variety of stateside and overseas assignments. 

5.  On 31 December 2006, He was honorably retired and placed on the retired list in his retired rank/grade of sergeant first class (SFC)/E-7 on 1 January 2007.  His DD Form 214 shows in:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), in part, the Afghanistan Campaign Medal
* Item 18 (Remarks) shows - in pertinent part- the entry "Service in Afghanistan 19990712 -19990912"

6.  On 15 February 2012, he was issued a DD Form 215 (Correction to DD Form 214) that deleted the Afghanistan Service Medal and on 20 March 2012, he was issued another DD Form 215 that added award of the Afghanistan Service Medal with bronze service star.

7.  An email, dated 26 March 2012, from the Defense Finance and Accounting Service, Indianapolis, IN, confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP) and combat zone tax exclusion for service in Afghanistan from 23 July 2003 to 12 September 2003.

8.  The applicant submitted:

* NCO Evaluation Report for the period July 1999 through June 2000 that shows he was assigned to Allied Forces North, Europe, during this period 
* NCO Evaluation Report for the period August 1998 through June 1999 that shows he was assigned to Fort Carson, CO during this period 
* Certificate of Achievement, dated 7 October 2003, that shows he served in Kandahar, Afghanistan, in support of Operation Enduring Freedom from 1 June to 3 September 2003 
* DA Form 638, dated 26 July 2004, awarding him an award for service from September 2002 to July 2004.  One of his achievements is listed as deployment to Afghanistan from July 2003 through February 2004. 
* NCO Evaluation Report for the period February 2003 through January 2004 that shows he endured long hours preparing his team for a 6-month deployment with the 95th Maintenance Company

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of 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, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's exact dates of service in Afghanistan are unknown.  He states he served in Afghanistan from June to 11 September 2003.  His certificate of achievement shows he served in Afghanistan from 1 June to 3 September 2003 while his NCOER states he prepared for a 6-month deployment.  Yet, his pay records show he received HF/IDP from 23 July to 12 September 2003.  

2.  While it is acknowledged the dates shown on his DD Form 214 (19990712 to 19990912) are not accurate and require attention, in the absence of additional documentary evidence that confirms his exact dates of service, there is insufficient evidence to determine his dates of service in Afghanistan.  Nevertheless, his DFAS pay records appear to accurately reflect his dates of service in Afghanistan and are accepted to correct his DD Form 214 in this case. 

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 deleting from item 18 the entry "Service in Afghanistan 19990712 -19990912" and adding the entry "Service in Afghanistan 20030723 - 20030912."

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 his service in Afghanistan from June to September 2003. 



      _________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)                                         AR20120005010



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ABCMR Record of Proceedings (cont)                                         AR20120005010



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