IN THE CASE OF:	  

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120009925 


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) for the period ending 31 January 2003 to show in:

* Item 11 (Primary Specialty) military occupational specialty (MOS) 11M (Mechanized Infantryman) and MOS 92G (Food Service Specialist)
* Item 12f (Foreign Service) that he served in Afghanistan
* Item 13 (Decorations, Medals, Badges, Citation, and Campaign Ribbons Awarded or Authorized) all awards he is entitled to receive
* Item 18 (Remarks) dates of deployment for Afghanistan

2.  He states his Enlisted Record Brief (ERB), dated 22 January 1999, and his 2003 DD Form 214 are incomplete and both are missing information.

3.  He provides:

* 1999 ERB
* 1-31 December 2002 Leave and Earning Statement
* 2003 DD Form 214

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 military record shows he enlisted in the Regular Army (RA), in pay grade E-1, on 20 January 1999, for 3 years.  

3.  On 14 January 2000, he was discharged under the provisions of Army Regulation 635-200, chapter 11, due to Entry Level Performance and Conduct, with uncharacterized service, in pay grade E-1.  The DD Form 214 he was issued for this period of service shows he completed 11 months and 25 days of creditable active service.  His DD Form 214 shows in:

* Item 11 - None-- 0 Years-0 Months//Nothing Follows
* Item 13 - None//Nothing Follows

4.  He again enlisted in the RA, in pay grade E-1, on 11 April 2002, for 3 years.  He completed training and was awarded MOS 92G.  He was advanced to pay grade E-2 on 12 April 2002. 

5.  On 31 January 2003, he was discharged under the provisions of Army Regulation 635-200, chapter 10, with an UOTHC discharge, in pay grade E-2.  The DD Form 214 he was issued shows in:

* Item 11 - 92G Food Service Specialist -- 6 months// Nothing Follows
* Item 12f  - zero credit
* Item 13 - the Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge
* Item 18 – no service for Afghanistan

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II), dated 15 April 2002, shows the Expert Marksmanship Qualification Badge with Grenade Bar.

7.  On 17 June 2009, the Army Discharge Review Board upgraded his UOTHC discharge to a general discharge.

8.  On 3 December 2012, a staff member of the Defense Finance and Accounting Service verified he received hostile fire/imminent danger pay and combat zone tax exclusion from 7 December 2002 to 3 January 2003 for service in Afghanistan.

9.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* Item 11, enter the title of all MOSs served for at least 1 year and include for each MOS the number of years and months served
* Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 13, enter all awards and decorations for all periods of service in priority sequence
* Item 18, 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)"

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

   a.  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.

	b.  The Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom (OEF) for a period of 30 consecutive days or 60 nonconsecutive days.  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.  

	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 Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, 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 days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was deployed in Afghanistan from 7 December 2002 through 3 January 2003, a period of 28 days.  

2.  Therefore, Item 12f of his DD Form 214 for the period ending on 31 January 2003 should be corrected to show he served 28 days of foreign service.  Item 18 of his DD Form 214 should also be corrected to show the entry, "Service in Afghanistan – 20021207-20030103.”

3.  The evidence of record also confirms he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his 2003 DD Form 214 to show this marksmanship qualification badge.

4.  He completed a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to this award and its addition to his DD Form 214.

5.  The evidence of record shows he did not complete training for award of an MOS during his period of service from 20 January 1999 through 14 January 2000.  He was awarded and served in MOS 92G during his period of service from 11 April 2002 through 31 January 2003.  This MOS is properly shown on his 2003 DD Form 214.  

6.  Neither the evidence submitted with the application nor the evidence of record supports his request nor does it establish that Item 11 of his 2003 DD Form 214 should reflect MOS 11M.  Therefore, he is not entitled to a correction of Item 11 of this DD Form 214 to show this MOS.

7.  Notwithstanding that his character of service was upgraded to general, the evidence of record shows he was discharged under the provisions of chapter 10, in lieu of court-martial, on 31 January 2003.  Therefore, he did not complete a qualifying period of service for award of the National Defense Service Medal and he is not entitled to addition of this award to his DD Form 214.

8.  He did not complete a qualifying period of service in Afghanistan for entitlement to award of the Afghanistan Campaign Medal and/or any other awards during this period of deployment.  There is also no evidence his unit was cited for any awards or citations during this period of service.  As such, he not entitled to correction of his 2003 DD Form 214 to show this award.

9.  In view of the foregoing, his records should be corrected as recommended below.

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 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 the applicant's DD Form 214 for the period ending 31 January 2003 the entry "0000  00  00" and replacing it with the entry "0000 00 28"
* adding to the 2003 DD Form 214 the Expert Marksman Marksmanship Qualification Badge with Grenade Bar and Global War on Terrorism Service Medal
* adding to Item 18 of his DD Form 214 the entry “SERVICE IN AFGHANISTAN FROM 20021207-20030103”

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 correction of his 2003 
DD Form 214 to show the MOS 11M and/or any additional awards for his service in Afghanistan.



      _______ _  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)                                         AR20120009925



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009925



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1