BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120006153 


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 to Afghanistan. 

2.  He states he deployed to Afghanistan and needs this information listed on his DD Form 214 for Post 9/11 G.I. Bill benefits. 

3.  He provides:

* deployment orders
* orders for the Combat Action Badge (CAB)
* orders for the Army Commendation Medal (ARCOM)
* his DD Form 214
* a certificate of service

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 2 February 2006.  He served in military occupational specialty 21B (Combat Engineer).  

3.  He provided a copy of Headquarters, XVIII Airborne Corps and Fort Bragg, Orders 226-051, dated 14 August 2006.  These orders show he was scheduled for deployment in support of Operation Enduring Freedom (OEF) on 23 August 2006 for a period of 365 days with the 27th Engineer Battalion.  An attached listing contains the applicant's name.

4.  The applicant also provided orders which show during the period of his deployment he was awarded the:

* CAB by Permanent Orders 86-148, dated 27 March 2007
* ARCOM by Permanent Order Number 045-022, dated 18 February 2007

5.  His record contains an Enlisted Record Brief (ERB), dated 1 December 2008.  This document shows his unit was awarded the Meritorious Unit Commendation (MUC) during his period of service.
 
6.  He was honorably released from active duty on 1 February 2009 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation.  The DD Form 214 he was issued shows he completed 3 years of creditable active military service.  This form further shows the following entries:

   a.  item 12f (Foreign Service) - "0000  00  00";
   
   b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal 
* Global War on Terrorism Service Medal 
* Army Service Ribbon 
* Parachutist Badge

   c.  item 18 (Remarks) does not list service in a designated hostile fire pay (HFP)/imminent danger pay (IDP) area.

7.  A query of his Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed he received HFP/IDP and combat zone tax exclusion for service in Afghanistan from 31 August 2006 to 31 March 2007.

8.  His record does not contain any nonjudicial punishment (NJP), courts-martial or other derogatory documentation.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  The Afghanistan Campaign Medal (ACM) 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:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined)

   b.  The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  
   
10.  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.  Item 12f is obtained from the ERB and shows the total amount of foreign service completed during the period covered by the DD Form 214.  Additionally, 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-YYYMMDD)" is entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  A review of his MMPA by DFAS confirms he received HF/IDP and CZTE for Afghanistan during the period 31 August 2006 through 31 March 2007.  Therefore, it would be appropriate to amend his DD Form 214 by adding:

* the ACM with two bronze service stars to item 13 
* 7 months and 1 day to item 12f
* the entry "Service in Afghanistan 20060831 – 20070331" to item 18   

2.  Permanent orders awarded him the ARCOM and CAB which are not shown on his DD Form 214.  As a result, he is entitled to have these awards added to his DD Form 214. 

3.  His unit was awarded the MUC which is shown on his ERB.  As such, it would be appropriate to add this unit award to his DD Form 214. 

4.  The applicant served honorably from 2 February 2006 through 1 February 2009 and his record is void of any NJP or derogatory documentation which would prevent him from award of the AGCM (1st Award).  Therefore, it would be appropriate to award him this medal and add it 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 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 as shown below:

	a.  awarding him the AGCM (1st Award) for the period 2 February 2006 through 1 February 2009; 

	b.  deleting the current entry in item 12f and adding the entry "0000 07 01";




   c.  adding the following awards:

* ARCOM
* CAB
* AGCM (1st Award)
* ACM with two bronze service stars
* MUC 

   d.  adding to item 18 the entry "Service in Afghanistan 20060831-20070331."




      _______ _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)                                         AR20120006153



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ABCMR Record of Proceedings (cont)                                         AR20120006153



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