IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120013178 


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 service in Afghanistan.

2.  The applicant states he deployed to Afghanistan in support of Operation Enduring Freedom (OEF) in 2002.

3.  The applicant provides:

* DA Form 638 (Recommendation for Award) showing award of the Meritorious Service Medal
* Statement of Wartime Service
* Deployment Orders 044-464

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 record shows he was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 24 May 1998.  He entered active duty on 12 June 1998 and served in a variety of stateside or overseas assignments and he attained the rank of captain (CPT).

3.  He was honorably released from active duty on 12 August 2002 after having completed 4 years, 2 months, and 1 day of creditable active service.  His 
DD Form 214 shows in:

* Item 12f (Foreign Service) the entry "0000  00  00" indicating he did not complete any foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Meritorious Service Medal
* National Defense Service Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Parachutist Badge
* Pathfinder Badge
* Air Assault Badge

* Item 18 (Remarks) no service in a hostile fire/imminent danger pay (HF/IDP) area

4.  An email, dated 3 August 2012, from the Defense Finance and Accounting Service (DFAS) confirms the applicant received HF/IDP and Combat Zone Tax Exclusion for service in Afghanistan from 7 March to 24 June 2002, a period of 3 months and 18 days. 

5.  He provides:

	a.  A statement of wartime service confirming his service with Headquarters and Headquarters Company, 10th Mountain Division, in Afghanistan in support of OEF from 28 February 2002 to 18 June 2002. 

	b.  DA Form 638, dated 25 July 2002, awarding him the Meritorious Service Medal.  One of his achievements was that he voluntarily extended his service to deploy in support of OEF and assume command of a headquarters company.
	c.  Deployment Orders 044-464, issued by Headquarters, 10th Mountain Division, Fort Drum, NY, on 13 February 2002 ordering his deployment in support of OEF, on or about 28 February 2002. 

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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 the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  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. 

	b.  The Afghanistan Campaign Medal 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.  One of the approved designated Afghanistan campaigns during his period of service in Afghanistan was the Consolidation I (1 December 2001-30 September 2006) campaign.

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.  It states for: 

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13 show awards and decorations for all periods of service
* block 18 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 - YYYYMMDD)" is entered

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a statement of wartime service that confirms he served in Afghanistan from 28 February to 18 June 2002.  While these dates are not exactly the same as shown on his pay records, they are consistent.  His pay records at DFAS confirm he deployed from 7 March 2002 to 24 June 2002.   Therefore, he is entitled to correction of his DD Form 214 to show he completed 3 months and 17 days of foreign/combat service in Afghanistan from 7 March 2002 to 24 June 2002. 

2.  Additionally, based on this service, he is entitled to award of the Afghanistan Campaign Medal with a bronze service star to designate his participation in one campaign, and correction of this DD Form 214 to show this award. 

3.  He served a qualifying period of service for awards of the Global War on Terrorism Service Medal.  His DD Form 214 should be corrected to show this award. 

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending his DD Form 214 by: 

* deleting from item 12f the entry "0000  00  00" and adding the entry "0000 03  17"
* adding to item 13 the Global War on Terrorism Service Medal and Afghanistan Campaign Medal with one bronze service star
* adding to item 18 the entry "Service in Afghanistan 20020307 – 20020618"



      _______ _   ___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)                                         AR20120013178





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ABCMR Record of Proceedings (cont)                                         AR20120013178



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