IN THE CASE OF:  

		BOARD DATE:  17 January 2013

		DOCKET NUMBER:  AR20120012158 


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 dates of his service in Afghanistan
* Joint Service Commendation Medal
* multiple Army Achievement Medals
* Global War on Terrorism Expeditionary Medal
* Combat Expeditionary Badge (presumed to be the Combat Action Badge)
* all other authorized awards 

2.  The applicant states the above awards are missing from his DD Form 214.  He did not review his DD Form 214 when he received it.
 
3.  The applicant provides a copy of his 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 enlisted in the Regular Army on 8 August 2002.  He completed training and was awarded military occupational specialty 31R (Multichannel Transmission Systems Operator).

3.  The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account shows he received hostile fire/imminent danger pay in Afghanistan from 25 May through 31 October 2003 (5 months and 7 days).  

4.  His Enlisted Record Brief shows he was awarded the National Defense Service Medal and the Global War on Terrorism Service Medal.

5.  His available records do not contain any orders showing he was awarded any other awards.

6.  He was issued a general discharge on 9 November 2004 in the rank of private.  He had completed 2 years, 3 months, and 2 days of net active duty service.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service), "0000 00 00" (indicating no foreign service).

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Parachutist Badge.

	c.  item 18 (Remarks), no entry reflecting deployed service.

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

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  


	b.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  

8.  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 states, 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 in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he served a qualifying period of service for award of the Global War on Terrorism Expeditionary Medal.  His DD Form 214 should be corrected to show this award.

2.  The evidence shows he was deployed to Afghanistan from 25 May through 
31 October 2003 (5 months and 7 days).  His DD Form 214 should be corrected to show this service.

3.  There is no evidence available to show he was awarded the Joint Service Commendation Medal, multiple Army Achievement Medals, or the Combat Action Badge.

BOARD VOTE:

________  ______ __  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the entry in item 12f of his DD Form 214 and adding "00 05 07";

	b.  adding the Global War on Terrorism Expeditionary Medal to item 13 of his DD Form 214; and

	c.  adding to item 18 of his DD Form 214 "SERVICE IN AFGHANISTAN FROM 20030525-20031031."

2.  The Board further determined that the evidence presented was 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 show he was awarded the Joint Services Commendation Medal, multiple Army Achievement Medals, and the Combat Action Badge.



      ____________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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ABCMR Record of Proceedings (cont)                                         AR20120012158



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