BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120021223 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Afghanistan and all medals and awards authorized, including the shoulder sleeve insignia – former wartime service (SSI-FWTS).

2.  He states he served in Afghanistan in 2002, but the period of his foreign service is not listed on his DD Form 214.

3.  He provides the following:

* DD Form 214
* Front page of a DA Form 638 (Recommendation for Award), undated
* Army Commendation Medal (ARCOM) Certificate, dated 19 September 2002
* Newspaper article titled "Local fights for country," dated 26 May 2002
* Certificate for Award of the SSI-FWTS, dated 27 September 2002
* Operation Enduring Freedom (OEF) recognition certificate
* Orders 065-715, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 6 March 2002

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 9 July 1999.  He was retired by reason of temporary physical disability on 7 April 2003.  He completed 3 years,
8 months, and 29 days of creditable active service.

3.  The DD Form 214 he was issued at the time shows in:

* Item 12f (Foreign Service) the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal
* ARCOM
* National Defense Service Medal
* Army Service Ribbon

* Item 18 (Remarks) no deployment entry

4.  The ARCOM certificate the applicant provided contains Permanent Orders Number 262-054, issued by Headquarters, 3rd Brigade, 101st Airborne Division, Fort Campbell, dated 19 September 2002.  It shows he was awarded the ARCOM for meritorious service while assigned to 3rd Battalion, 101st Aviation Regiment, deployed to Combined Joint Operations Area (CJOA) Afghanistan in support of OEF from 1 March 2002 to 15 August 2002.

5.  A certificate provided by the applicant shows Headquarters, 3rd Battalion, 101st Aviation Regiment, dated 27 September 2002, awarded him the
SSI-FWTS.  This award was in honor of his service as a member of Task Force Rakkasan during OEF in Afghanistan.

6.  Permanent Orders 344-032, issued by Headquarters, 101st Airborne Division, Fort Campbell, dated 10 December 2002, awarded him the Army Good Conduct Medal (1st Award) for the period 9 July 1999 through 8 July 2002.

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 11 March 2002 through 21 June 2002 while assigned in Afghanistan.  This foreign service equates to 3 months and 11 days of foreign service.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  His record indicates that during his service in Afghanistan he participated in the Consolidation I campaign (1 December 2001 - 30 September 2006).

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country 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.

10.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the SSI-FWTS, commonly referred to as a "combat patch."  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the SSI-FWTS on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirmed the applicant served in Afghanistan from 11 March 2002 through 21 June 2002.  He also participated during one campaign phase.  Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

2.  His service in Afghanistan equates to 3 months and 11 days of foreign service.  Based on his service in Afghanistan he is entitled to correction of items 12f and 18 of his DD Form 214 accordingly.

3.  Permanent orders awarded him the Army Good Conduct Medal (1st Award) for the period 9 July 1999 to 8 July 2002.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Regulatory policy does not provide for entry of uniform wear items such as the SSI-FWTS on a DD Form 214.  Therefore, there is no basis for adding the
SSI-FWTS to his DD Form 214.

5.  The evidence of record shows he served on active duty on 11 September 2001 and for more than 30 days.  Therefore, he is entitled to award of the GWOTSM and correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  __X______  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  03  11";

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020311 - 20020621."

2.  The Board further determined that 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 adding the SSI-FWTS 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)                                         AR20120021223



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ABCMR Record of Proceedings (cont)                                         AR20120021223



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