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ARMY | BCMR | CY2012 | 20120021005
Original file (20120021005.txt) Auto-classification: Approved

		

		BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120021005 


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:

* award of the Bronze Star Medal and Afghanistan Campaign Medal
* overseas combat service

2.  The applicant states the retirement transition office failed to properly update his DD Form 214 at the time of his retirement.

3.  The applicant provides:

* memorandum, Joint Task Force, dated 17 July 2009, subject:  Service During Operation Enduring Freedom
* Bronze Star Medal Certificate
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer on 9 June 1983, and he entered active duty on 6 July 1983.  He served in various stateside and overseas assignments throughout the course of his career.  The highest rank he attained was while serving on active duty was lieutenant colonel.

2.  Permanent Orders 76-14, Headquarters, 3d Infantry Division Artillery, Wuerzburg, Germany, dated 15 October 1985, awarded him the Army Achievement Medal for meritorious achievement during the period 15 May to 13 September 1985.

3.  Permanent Order Number  34-3, Headquarters, 3rd Brigade Combat Team, 1st Infantry Division (Forward), Tuzla, Bosnia-Herzegovina, dated 14 May 1997, awarded him the Army Achievement Medal for meritorious achievement during the period 15 October 1996 to 6 June 1997.

4.  He was honorably retired from active duty on 31 October 2009 after completing 26 years, 3 months, and 25 days of net active service.  His DD Form 214 shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Defense Meritorious Service Medal (2nd Award)
* Meritorious Service Medal (4th Award)
* Army Commendation Medal (5th Award)
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal (2nd Award)
* Afghanistan Campaign Medal with two campaign stars
* Global War on Terrorism Service Medal
* Armed Forces Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* North Atlantic Treaty Organization Medal
* Parachutist Badge
* Air Assault Badge

* item 18 (Remarks) – no statement referencing service in Afghanistan

5.  He provided his Bronze Star Medal Certificate which shows Permanent Order Number 339-040, Headquarters, Joint Task Force, dated 5 December 2009, awarded him the Bronze Star Medal for meritorious achievement during the period 28 October 2008 to 12 March 2009.

6.  On 21 November 2012, an official from the Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 20 October 2008 to 10 March 2009.

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-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)
* Consolidation III (1 December 2009-30 June 2011)
* Transition I (1 July 2011-date to be determined)

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states to enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" in item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided his Bronze Star Medal Certificate which shows Permanent Order Number 339-040, Headquarters, Joint Task Force, dated 5 December 2009, awarded him the Bronze Star Medal for meritorious achievement during the period 28 October 2008 to 12 March 2009.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  His DD Form 214 lists only one award of the Army Achievement Medal; however, the evidence of record shows permanent orders awarded him a second Army Achievement Medal.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

3.  DFAS records confirm he received HFP/IDP and CZTE for service in Afghanistan from 29 October 2008 to 10 March 2009; therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

4.  His DD Form 214 currently shows he was awarded the Afghanistan Campaign Medal with two campaign stars indicating he participated in two campaigns.  However, the evidence of record shows only one campaign, the Consolidation II from 1 October 2006 to 30 November 2009, coincided with his service in Afghanistan.  However, it is not the Board's practice to change a record when the end result will cause an applicant to be worse off than he or she was before submitting an application.  Therefore, no action will be taken to remove the additional campaign star.

BOARD VOTE:

___X__  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* deleting award of the Army Achievement Medal from item 13 of his DD Form 214
* adding award of the Bronze Star Medal and Army Achievement Medal (2nd Award) to item 13 of his DD Form 214
* adding the statement:  "SERVICE IN AFGHANISTAN FROM 20081029-20090310" to item 18 of 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)                                         AR20120021005



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ABCMR Record of Proceedings (cont)                                         AR20120021005



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