BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120006186 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his combat service, foreign service, and training/education.

2.  The applicant states, in effect, his combat service, foreign service, and training/education were not added to his DD Form 214 for the period ending on 
7 January 2004.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-22 (Appointment of the Veterans Service Organization as Claimant's Representative)
* VA Form 21-4138 (Statement in Support of Claim)
* Memorandum, dated 5 January 2003
* Memorandum, dated 4 October 2003
* Certificate of Achievement, dated 17 June 2003
* DD Form 214 for the period ending on 9 July 1999
* DD Form 214 for the period ending on 7 January 2004
* 53 pages of various medical records

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 Ohio Army National Guard (OHARNG) on 22 January 1999.  He entered active duty for training (ADT) on 22 February 1999, completed the required training, and was awarded military occupational specialty 77F (Petroleum Supply Specialist).   

3.  He was released from ADT on 9 July 1999.  His DD Form 214 for this period shows he completed the 9-week Petroleum Supply Specialist course in July 1999 and was awarded or authorized the Army Service Ribbon. 

4.  He was honorably discharged from the OHARNG and subsequently enlisted in the Regular Army on 20 February 2001.

5.  His record contains a certificate for award of the Army Commendation Medal (ARCOM), which shows Permanent Orders (POs) Number 254-26, issued by Headquarters, 82nd Aviation Brigade, on 11 September 2002, awarded him the ARCOM for meritorious achievement during Operation Mountain Sweep from 
19 August 2002 to 25 August 2002, in Kandahar, Afghanistan.

6.  His record contains a certificate for award of the ARCOM, which shows POs Number 319-15, issued by Headquarters, 82nd Aviation Brigade, on 
15 November 2002, awarded him the ARCOM for meritorious service during Operation Enduring Freedom (OEF) from 27 June 2002 to 15 December 2002, in Kandahar, Afghanistan.

7.  He provided a memorandum, issued by Headquarters, Task Force Corsair, 82nd Aviation Regiment, 82nd Airborne Division, Kandahar Army Airfield, Afghanistan, on 5 January 2003.  The intent of this memorandum was to certify his wartime service and it certified:

	a.  He served with B Company, 7th Battalion, 101st Aviation Regiment from 28 June 2002 to 22 July 2002 during OEF in Kandahar, Afghanistan.

	b.  He served with Task Force Corsair, 82nd Airborne Division during OEF from 22 July 2002 to 20 January 2003. 
8.  He provided a memorandum, issued by 7th Battalion, 101st Aviation Regiment, 101st Airborne Division (Air Assault), Mosul Airfield, Iraq, on 
4 October 2003.  The intent of the memorandum was to certify his wartime service and it certified he was deployed to the Central Asia Joint Coalition Area of Operation in support of Operation Iraqi Freedom (OIF) from 28 February 2003 to 20 October 2003.

9.  He provided a certificate of achievement issued by the 7th Battalion, 101st Aviation Regiment, 101st Airborne Division (Air Assault), Fort Campbell, KY, on 17 June 2003.  The certificate was awarded for exemplary service during combat operations from 19 March 2003 to 31 May 2003 in Iraq.

10.  His record is void of any evidence to show he successfully completed formal in-service training during the period of service covered by his 7 January 2004
DD Form 214.

11.  He was honorably discharged from active duty on 7 January 2004, by reason of a defective enlistment agreement, after completing 2 years, 10 months, and 18 days of net active service during the period of his enlistment.  His DD Form 214 shows in:

* item 12f (Foreign Service) - the entry "0000  00  00"
* item 13 (Decorations, Medals, Badge, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Army Service Ribbon
* item 14 (Military Education) the entry "None"
* item 18 (Remarks) no combat service

12.  An email, dated 6 April 2012 from the Defense Finance and Accounting Service (DFAS) confirmed the applicant’s hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in:

* Afghanistan from 27 June 2002 to 20 January 2003
* Kuwait from 1 March 2003 to 22 October 2003

13.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal (ACM), or Iraq Campaign Medal (ICM).  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 GWOTSM.  

	b.  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.  He participated in the Consolidation I (1 December 2001-30 September 2006) campaign in Afghanistan.

	c.  The Iraq Campaign Medal (ICM) is awarded to members who have served in direct support of OIF. The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The following approved campaigns were authorized during his period of service in Kuwait/Iraq:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 14, enter all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the 
DD Form 214
* item 18 (Remarks), for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  DFAS records show the applicant served in Afghanistan from 27 June 2002 to 20 January 2003 and then in Kuwait/Iraq from 1 March 2003 to 22 October 2003 for a total of 1 year, 3 months, and 16 days of foreign service.  Therefore, his   DD Form 214 for the period ending 7 January 2004 should be corrected to show this foreign service and combat service.

2.  His record contains POs for two awards of the ARCOM; however, these awards are not currently listed on his DD Form 214 for the period ending
7 January 2004.  Therefore, this DD Form 214 should be corrected to show the ARCOM (2nd Award).

3.  The applicant completed two periods of foreign service.  

	a.  His first period of service in Afghanistan, from 27 June 2002, qualifies him for the ACM.  Additionally, during this period of service he participated in one campaign.  Therefore, he is entitled to award of the ACM with one bronze service star and correction of his DD Form 214 for the period ending 7 January 2004 to show this award.

	b.  His second period of service in Kuwait/Iraq from 1 March 2003 to 
22 October 2002 qualifies him for the ICM.  Additionally, during this period of service he participated in two campaigns.  Therefore, he is entitled to award of the ICM with two bronze service stars and correction of his DD Form 214 for the period ending 7 January 2004 to show this award.

4.  The evidence of record shows he served a qualifying period for entitlement to the GWOTSM.  Therefore, he is entitled to award of the GWOTSM and correction of his DD Form 214 for the period ending 7 January 2004 to show this award.

5.  There is no evidence of record, nor has he provided evidence to show, he successfully completed formal in-service training during the period of service covered by the DD Form 214 for the period ending 7 January 2004; therefore, lacking evidence to the contrary, he is not entitled to have any military education added to his DD Form 214 for the period ending 7 January 2004.

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 partial 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 12f of his DD Form 214 for the period ending 7 January 2004 the entry of "0000  00  00" and replacing it with "0001  03  16"
* adding to item 13 of his DD Form 214 for the period ending 7 January 2004 the:

* Army Commendation Medal (2nd Award)
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with two bronze service stars

* adding to item 18 of his DD Form 214 for the period ending 7 January 2004 the entries :

* SERVICE IN AFGHANISTAN FROM 20020627-20030120
* SERVICE IN KUWAIT/IRAQ FROM 20030301-20031022

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 correcting his DD Form 214 to add his military education or training.


      _______ _   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)                                         AR20120006186





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ABCMR Record of Proceedings (cont)                                         AR20120006186



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