IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120006651
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 the correct dates of his service in Afghanistan and his award of the Army Achievement Medal.
2. The applicant states that the dates of his service in Afghanistan are not correctly shown on his DD Form 214 and his Army Achievement Medal is not listed.
3. The applicant provides copies of his:
* DD Form 214
* Army Achievement Medal Certificate
* Army Commendation Medal Certificate
* Unit deployment orders with personnel listing
* National Personnel Records Center letter, dated 23 April 2012
* Enlisted Record Brief
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 April 2002. He completed training and was awarded military occupational specialty 11B (Infantryman).
3. The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay in Afghanistan from 3 May 2004 through 27 April 2005.
4. He was honorably released from active duty on 31 July 2005 in the rank of specialist. He had completed 3 years, 3 months, and 8 days of net active duty service. His DD Form 214 shows in:
a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Army Lapel Button, Overseas Service Bars, Global War on Terrorism Service Medal, Army Commendation Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Combat Infantryman Badge, and the Afghanistan Campaign Medal.
B. item 18 (Remarks), the entry "SERVICE IN AFGHANISTAN FROM 20040501 TO 20041223."
5. Headquarters, Task Force 2-5, Permanent Orders Number 080-004, dated 1 July 2005, awarded him the Army Achievement Medal.
6. Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (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. During his service in Afghanistan he participated in the following named campaign: Consolidation I (1 December 2001-30 September 2006).
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states item 18 is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries. For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders award him the Army Achievement Medal.
2. The available evidence shows he was deployed to Afghanistan from 3 May 2004 through 27 April 2005. Therefore, he served a qualifying period for award of one bronze service star for wear on his already-awarded Afghanistan Campaign Medal.
3. His DD Form 214 should be corrected to show these awards.
4. Item 18 of his DD Form 214 should be corrected to show the correct dates of his service in Afghanistan.
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 all Department of the Army records of the individual concerned be corrected by:
a. adding the following awards to item 13 of his DD Form 214:
* Army Achievement Medal
* one bronze service star for his Afghanistan Campaign Medal
b. deleting the entry "SERVICE IN AFGHANISTAN FROM 20040501 TO 20041223" from item 18 of his DD Form 214 and replacing it with "SERVICE IN AFGHANISTAN FROM 20040503-20050527."
__________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) AR20100014430
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120006651
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