BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009596 


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.

2.  The applicant states his DD Form 214 does not reflect his deployment while he was assigned to Company B, 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division.

3.  The applicant provides no additional evidence.

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 19 October 2006.  He served in military occupational specialty 11B (Infantryman).

3.  He was honorably discharged from active duty on 9 September 2008.  His DD Form 214 shows he completed 1 year, 10 months, and 21 days 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
* Army Service Ribbon

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

4.  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 (CZTE) for service in Afghanistan from 30 June 2008 to 18 August 2008, a total of 1 month and 19 days.

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

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

	a.  The Afghanistan Campaign Medal (ACM) is awarded to members who served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  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 2006-20 November 2009)
* Consolidation III (1 December 2009-to be determined)

	b.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, ACM, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.  

	c.  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.

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.  Item 12f is obtained from the Enlisted Record Brief 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.  The applicant requests correction of his DD Form 214 to show his deployment to Afghanistan.

2.  A review of his MMPA by DFAS confirms he received HF/IDP and CZTE for Afghanistan during the period 30 June 2008 through 18 August 2008.  Therefore, it would be appropriate to amend his DD Form 214 by adding:

* the ACM with one bronze service star to item 13
* 1 month and 19 days to item 12f
* the entry "SERVICE IN AFGHANISTAN FROM 20080630-2008018" to item 18

3.  His DD Form 214 shows he served on active duty for more than 30 consecutive days after 11 September 2001 which meets the criteria for award of the GWOTSM; therefore, his DD Form 214 should also be corrected to add this award.



4.  The applicant served honorably from 19 October 2006 through 9 September 2008 and his record is void of any NJP or derogatory documentation which would preclude 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 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.  awarding him the AGCM (1st Award) for the period 19 October 2006 through 9 September 2008,

	b.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0000  01  19,"

	c.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* ACM with one bronze service star
* GWOTSM

	d.  adding the statement "SERVICE IN AFGHANISTAN FROM 20080630-20080818" to item 18 of his DD Form 214.



      ___________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)                                         AR20120009596



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ABCMR Record of Proceedings (cont)                                         AR20120009596



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