IN THE CASE OF:	  

		BOARD DATE:	  22 August 2013

		DOCKET NUMBER:  AR20130000355 


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), for the period ending on 30 June 2004, to add the:

* Meritorious Service Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with two bronze service stars
* overseas service bar (2nd Award)

2.  The applicant states, in effect, the Global War on Terrorism Service Medal and the Afghanistan Campaign Medal were approved after his retirement.  The Meritorious Service Medal was awarded after his DD Form 214 was issued and the overseas service bar (2nd Award) was omitted from his DD Form 214 as a result as of an administrative error.

3.  The applicant provides his DD Form 214.

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.  After having had previous enlisted service, the applicant was appointed as a U.S. Army Reserve warrant officer on 1 December 1994 and held the military specialty 180A (Special Forces Warrant Officer).  He served through a variety of stateside or overseas assignments and attained the rank/grade of chief warrant officer three/CW3.

3.  His record contains several Officer Evaluation Reports (OER) which show he was assigned to Company C, 1st Battalion, 3rd Special Forces Group (Airborne), Fort Bragg, NC, from on or about 8 January 1997 to 30 June 2004.

4.  His record contains a certificate for award of the Meritorious Service Medal which shows Permanent Order (PO) Number 110-41, Headquarters, U.S. Army Special Forces Command, Fort Bragg, NC, dated 19 April 2004, awarded him the Meritorious Service Medal for meritorious achievement during the period 1 July 2002 through 1 August 2004.

5.  He retired on 30 June 2004.  His DD Form 214 shows he completed a total of 9 years and 7 months of creditable service during this period of service, of which 11 months and 23 days were credited as foreign service.  

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Medals Awarded or Authorized) of his DD Form 214 lists the:

* Bronze Star Medal (2nd Award)
* Army Commendation Medal (5th Award)
* Army Achievement Medal (3rd Award)
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Valorous Unit Award
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Special Forces Tab
* Combat Medical Badge
* Parachutist Badge
* Canadian Parachutist Badge
* Royal Thai Army Airborne Wings

	b.  Item 18 (Remarks) of his DD Form 214 contains the entry "Service During Operation Enduring Freedom (Afghanistan) from 20020316 to 20020414 and from 20030515 to 20030916."

6.  The Defense Finance and Accounting Service (DFAS) confirmed he received hazardous fire pay (HF), imminent danger Pay (IDP), and combat zone tax exemption (CSTE) for service in Afghanistan from 7 March 2002 to 6 April 2002 and from 3 May 2003 to 5 October 2003.

7.  Army Regulation 600-8-22 (Military Awards) states 

	a.  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 11 September 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 2006-30 November 2009)
* Consolidation III (1 December 2009 - 30 June 2011)
* Transition I (1 July 2011-date to be determined)

	b.  The Global War or Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  Initial award of the Global War or Terrorism Expeditionary Medal was limited to service members deployed abroad in OEF and Operation Iraqi Freedom (OIF) in designated specific geographic areas of eligibility (AOE), including Kuwait.

	c.  No service member will be entitled to Afghanistan Campaign Medal and the Global War or Terrorism Expeditionary Medal for the same act, achievement, or period of service.

	d.  The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to 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 GWOTSM.  

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a certificate for award of the Meritorious Service Medal showing PO awarded him the Meritorious Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 30 June 2004 to add this award.

2.  He requested the Afghanistan Campaign Medal with two bronze service stars be added to his DD Form 214.  

	a.  His DD Form 214 shows the applicant served in Afghanistan from 
16 March 2002 to 14 April 2002 and from 15 May 2003 to 16 September 2003.

	b.  Even though he went to Afghanistan on two separate occasions both deployments fell under the same campaign, the Consolidation I campaign from 
1 December 2001 to 30 September 2006.  As such, he is not entitled to credit for two separate campaigns.

	c.  However, he did participate in one campaign during his service in Afghanistan; therefore, he is entitled to correction of his DD Form 214 to add the Afghanistan Campaign Medal with one bronze service star.

3.  The applicant served in Afghanistan on two separate occasions; therefore, he is entitled to award of the Global War or Terrorism Expeditionary Medal and correction of his DD Form 214 to add this award.

4.  He served a qualifying period of service for award of the Global War on Terrorism Service Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.
5.  There is no effective relief for addition of an overseas service bar to his DD Form 214 as it is an item of clothing and not governed by pertinent regulations for addition to an individual's DD Form 214.

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 adding to his DD Form 214 for the period ending 30 June 2004 the:

* Meritorious Service Medal
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

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 awarding the Afghanistan Campaign Medal with two bronze service stars and adding two overseas service bars 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)                                         AR20130000355





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ABCMR Record of Proceedings (cont)                                         AR20130000355



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