IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120020961 


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 reflect his foreign service performed in support of Operation Enduring Freedom (OEF) to show all awards he earned for this service.

2.  The applicant states:

	a.  at the time of his discharge from the Army he did not receive any medals or badges awarded other Soldiers for their service in support of OEF; and

	b.  he is entitled to the:

* Afghanistan Campaign Medal (ACM)
* Global War on Terrorism Service Medal (GWOTSM)
* Combat Action Badge (CAB)
* National Defense Service Medal (NDSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)

3.  The applicant indicates he submitted a memorandum for record (MFR) referencing the CAB; however, it was not included with his application when it was received by the Board.  The following documents were included with his requests:

* DD Form 214
* two Travel Orders (DD Form 1610) (Request and Authorization for Temporary Duty (TDY) Travel of Department of Defense (DOD) Personnel) with manifest
* NATO Travel Order
* MFR, dated 6 December 2002
* DD Form 1351-2 (Travel Voucher or Sub voucher) with two receipts

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.  With respect to the Combat Action Badge:

	a.  Paragraph 2-5 of Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies.  There is no evidence that the applicant submitted an application for award of the Combat Action Badge to the Commander, U.S. Army Human Resources Command, ATTN:  Veterans Services, 1600 Spearhead Division Avenue, Fort Knox, KY  40121-5743, and was denied relief for this award.

	b.  The Combat Action Badge may be requested by letter and must contain the following:

* assignment, attachment, or operational control orders
* a copy of the Soldier's Officer or Enlisted Record Brief
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* any other supporting documentation

	c.  Therefore, the issue of the Combat Action Badge will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 15 August 1990.  He was trained in and awarded military occupational specialty 52D (Power Generator Equipment Repairer).

4.  He continuously served in the RA until he was honorably discharged from active duty on 30 November 2003, by reason of completion of required active service.  His DD Form 214 shows he completed 13 years, 3 months, and 16 days of creditable active duty service of which 4 years was foreign service.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 includes an entry which shows he earned the NDSM (2nd Award).  It does not include the ACM, GWOTSM, or GWOTEM among its list of awards.

6.  A review of the applicant's Defense Finance and Accounting Service military pay record shows he was paid imminent danger pay (IDP)/hostile fire pay (HFP) for his service in Afghanistan from 4 February to 1 April 2002 and in Mauritius from 3-19 December 2002.

7.  The applicant provides the following two Joint Communications Support Element documents as indicated:

	a.  MFR, dated 6 December 2002, which announced his authorization to wear the Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS).  The commander also confirmed the applicant served in an area of responsibility authorizing this award from 4 February 2002-1 April 2002.

	b.  Travel Order Number TB-129, dated 1 February 2002, which authorized his temporary duty travel, for the purpose of a special mission from MacDill Air Force Base, Florida, to Afghanistan, and return for 179 days beginning 1 February 2002.

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

	a.  Paragraph 2-10 provides guidance for the issuance of the NDSM.  It states it is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995 and any period between 11 September 2001 and a date to be determined.  A second or third award of the NDSM is authorized for Soldiers who served in one or more of the four time periods listed in a above.  It is not authorized for Soldiers who met the criteria in one time period, left active duty and returned during the same period of eligibility.  A service star will be worn to signify receipt of a second or subsequent award of the NDSM

	b.  Paragraph 2-16 provides guidance on the ACM.

		(1)  The ACM is authorized for service in Afghanistan 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.  Under no condition will personnel or units receive the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period or service.

		(2)  A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the Afghanistan.  Table B-1 of the awards regulation contains a list of campaigns.  It shows that during the applicant's tenure of assignment in Afghanistan, he was credited with participating in the Consolidation I campaign.

	c.  Paragraph 2-18 of Army Regulation 600-8-22 contains guidance on the GWOTEM.  It states that this award is authorized to members who deployed abroad for service in global war on terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined.  Service must have been for at least 30 consecutive days or 60 nonconsecutive days and in support of OEF/OIF. Afghanistan was an eligible area of eligibility (AOE) through 28 February 2005.

	d.  Paragraph 2-19 of Army Regulation 600-8-22 contains guidance on award of the GWOTSM.  It states it is authorized to members who have participated in the GWOT operations outside of the designated AOE for the GWOTEM on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty during the qualifying period having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

9.  Army Regulation 635-5 (Separation Documents), currently in effect, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for completing the DD Form 214.  The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)".

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 58 days of service in Afghanistan from 4 February through 1 April 2002, as evidenced by his DFAS record.  The evidence of record also confirms he served on active duty outside of GWOT AOE after 11 September 2001.  Therefore, based on this service and campaign participation, he is entitled to the ACM with one bronze service star and GWOTSM and these awards should be added to his DD Form 214 at this time.

2.  The applicant's DFAS record confirms his service in Afghanistan from 4 February to 1 April 2002 and in Mauritius from 3-19 December 2002.  Therefore, item 18 of his DD Form 214 should be corrected accordingly to document this service.

3.  As a matter of information, the GWOTEM was also authorized for service in Afghanistan during the period the applicant served; however, both the GWOTEM and ACM cannot be awarded for the same act, achievement, or period of service. 
In addition, his DFAS record only confirms he completed 16 consecutive days of service in Mauritius from 3-19 December 2012.  As a result, given the applicant requested the ACM, he is not entitled to the GWOTEM for his service in Afghanistan or Mauritius.

4.  The evidence of record confirms the applicant earned the NDSM (2nd Award) for his honorable service from 15 August 1990 through 30 November 2003.  By regulation, the NDSM is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995 and any period between 11 September 2001 and a date to be determined.  Therefore, based on the applicant's service, he is only authorized two of these awards.

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.  adding the Afghanistan Campaign Medal with one bronze service star and Global War on Terrorism Service Medal to his item 13 of his DD Form 214;

	b.  adding the entries "SERVICE IN MAURITIUS FROM 20011203-20011219" and "SERVICE IN AFGHANISTAN FROM 20020204-20020401" to item 18 of his DD Form 214; and

	c.  issuing him a corrected document to reflect these awards.

2.  The Board further determined 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 the adding an additional National Defense Service Medal and the Global War on Terrorism Expeditionary Medal to 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)                                         AR20120020961



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ABCMR Record of Proceedings (cont)                                         AR20120020961



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