IN THE CASE OF:	  

		BOARD DATE:  4 October 2012

		DOCKET NUMBER:  AR20120005927 


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 service in Afghanistan.

2.  The applicant states he deployed to Afghanistan in support of Operation Enduring Freedom (OEF) IV from 2003 to 2004.

3.  The applicant provides several photographs of himself and other Soldiers and a notarized statement from a former unit member. 

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 record shows he enlisted in the Regular Army on 24 January 2003.  He completed basic combat training and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Infantryman).  He was assigned to B Company, 2nd Battalion, 22nd Infantry, Fort Drum, NY.

3.  He was discharged on 5 July 2005 after having completed 2 years, 5 months, and 12 days of creditable active service.  His DD Form 214 shows in:

* Item 12f (Foreign Service) the entry "0000  00  00" indicating he did not complete any foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the entry "None"
* Item 18 (Remarks) no service in a hostile fire/imminent danger pay (HF/IDP) area

4.  An email dated 11 April 2012 from the Defense Finance and Accounting Service (DFAS) confirms the applicant received HF/IDP and Combat Zone Tax Exclusion for service in Afghanistan from 10 August 2003 to 6 May 2004, a period of 8 months and 27 days. 

5.  He provides a notarized statement from a former unit member who states that he served with the applicant in Afghanistan from 7 August 2003 to 7 May 2004 while assigned to 2nd Squad, B Company, 2nd Battalion, 22nd Infantry.

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Army Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status upon successful completion of initial entry training.  

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	c.  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 the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  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. 

	d.  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.  Approved designated Afghanistan campaigns are.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)
* Consolidation II (1 December 2009 to 30 June 2011)
* Transition I (1 July 2011 to a date to be determined)

7.  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: 

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13 show awards and decorations for all periods of service
* block 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)" is entered

DISCUSSION AND CONCLUSIONS:

1.  Although he neither listed his dates of deployment to Afghanistan nor provided any evidence of such deployment the DFAS email is accepted as evidence he deployed.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 8 months and 27 days of foreign/combat service in Afghanistan from 10 August 2003 to 6 May 2004. 

2.  Additionally, based on this service, he is entitled to award of the Afghanistan Campaign Medal with a bronze service star to designate his participation in one campaign, and correction of this DD Form 214 to show this award. 

3.  He served a qualifying period of service for awards of the Army Service Ribbon, National Defense Service Medal, and Global War on Terrorism Service Medal.  His DD Form 214 should be corrected to show these awards. 

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending his DD Form 214 by: 

   a.  deleting from item 12f the entry "0000  00  00" and adding the entry "0000 08  27";

   b.  deleting from item 13 the entry "None" and adding the:

* Army Service Ribbon
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with one bronze service star

   c.  adding to item 18 the entry "Service in Afghanistan 20030810 – 20040506."



      __________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)                                         AR20120005927



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ABCMR Record of Proceedings (cont)                                         AR20120005927



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