IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120017462
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 believes his record to be in error due to his early release to attend school upon returning from Afghanistan
* in haste of turning in gear and completing the appropriate paperwork his Afghanistan service with the 626th FSB Medical Unit was overlooked
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 7 November 1996, the applicant enlisted in the Regular Army (RA) for 4 years. He completed training as a signal support systems specialist. He reenlisted in the RA for 3 years on 3 April 2000.
3. The applicant was released from active duty (REFRAD) on 26 February 2003, for the purpose of attending school. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:
* Army Good Conduct Medal (Second Award)
* National Defense Service Medal (Second Award)
* Army Service Ribbon
* Overseas Service Ribbon
4. Item 18 (Remarks) of his DD Form 214 does not show the dates or place of his foreign service.
5. Information obtained from the Defense Finance and Accounting Service reveals the applicant's master military pay account shows he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Afghanistan from 25 January through 18 July 2002.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge. It states 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)" will be entered in item 18. Only deployment in an imminent danger/hostile fire zone will be reflected.
7. 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. 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-date to be determined)
8. Army Regulation 600-8-22 (Military Awards) states 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. The available evidence shows he served in Afghanistan while on active duty during the period 25 January through 18 July 2002.
3. His DD Form 214 should be amended to show his dates of service in Afghanistan.
4. The available evidence also shows he is authorized the Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal. These awards should be added on 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 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, dated 26 February 2003, by adding in:
* Item 13 Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal
* Item 18 "SERVICE IN AFGHANISTAN FROM 20020125-20020718"
_______ _ __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) AR20120017462
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ABCMR Record of Proceedings (cont) AR20120017462
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