IN THE CASE OF:	  

		BOARD DATE:  11 July 2013

		DOCKET NUMBER:  AR20120021907 


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 combat service and all medals/ badges awarded, including the Combat Medical Badge.

2.  The applicant states he has not been awarded any combat medals.  

3.  The applicant does not provide any 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 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 14 November 2000 and he held military occupational specialty 91W (Health Care Specialist).  He was assigned to the 307th Engineer Battalion. 
3.  Permanent Orders (PO) 091-61, issued by Headquarters, Coalition Task Force 82, Bagram, Afghanistan, on 1 April 2003, awarded him the Combat Medical Badge for service from 21 January to “31” April 2003 (30 April 2003). 

4.  He was honorably released from active duty on 15 August 2003.  He completed 2 years, 9 months, and 2 days of 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 National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge
* Item 18 (Remarks) no service in a hostile fire/imminent danger pay (HF/IDP) area

5.  An email, dated 29 January 2013, from the Defense Finance and Accounting Service (DFAS) shows DFAS officials reviewed his military master pay account but did not report receipt HF/IDP and Combat Zone Tax Exclusion (CZTE).

6.  His records do not contain permanent/temporary change of station orders, temporary duty orders, manifest report, personnel temp report, statement of wartime service, or other documentary evidence confirming his combat service and/or the dates and location of such combat service.

7.  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 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.  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.

8.  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.  With respect to his combat service:

	a.  His records do not contain and he did not provide evidence of his combat service, specifically the location and dates of such service.  Additionally, his pay records do not reflect receipt of HF/IDP or CZTE.

	b.  Nevertheless, his service records contain PO, issued in Bagram, Afghanistan, confirming award of the Combat Medical Badge for service from 21 January 2003 to 30 April 2003 (the month of April has 30 not 31 days), a period of 3 months and 10 days. 

	c.  These orders are accepted as evidence he served in Afghanistan from 21 January to 30 April 2003 and is therefore entitled to correction of his DD Form 214 to show his deployment and foreign service. 

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

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

4.  He was awarded the Combat Medical Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.
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- 03-10"
* adding to item 13 the Combat Medical Badge, Global War on Terrorism Service Medal, and Afghanistan Campaign Medal with one bronze service star
* adding to item 18 the entry "Service in Afghanistan 20030121 – 20030430"



      _______ _  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)                                         AR20120021907





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ABCMR Record of Proceedings (cont)                                         AR20120021907



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