IN THE CASE OF:	  

		BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130002849 


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 award of the Afghanistan Campaign Medal and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he was deployed in late 2003 and returned 3 months later.  There was no award authorized at the time of his discharge, but he understands this award became available in 2004 and is retroactive.  The award was enacted after his discharge date.  He discovered the error when he was trying to obtain Operation Enduring Freedom (OEF) license plates.  His
DD Form 214 shows his deployment dates for Afghanistan.

3.  The applicant provides a copy of 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.  The applicant enlisted in the Regular Army on 16 January 2002.  He completed training and he was awarded military occupational specialty 14J (Early Warning System Operator).

3.  He was honorably released from active duty on 15 January 2004 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years of active service.  His DD Form 214 shows in:

* item 12f (Foreign Service) no credit for foreign service

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

* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button

* item 18 the entry "Service in Afghanistan:  20030817-20031110 (a period of 2 months and 25 days)

4.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Afghanistan Campaign Medal is awarded to members who 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.  During the applicant's service in Afghanistan he participated in the Consolidation I (1 December 2001-30 September 2006) campaign.

	b.  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 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 days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

5.  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 for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, list awards and decorations for all periods of service

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Afghanistan during a qualifying period of service and he 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.  The evidence of record confirms he served during a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Evidence shows he completed 2 months and 25 days of foreign service.  Therefore, his DD Form 214 should be corrected accordingly 

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:

* deleting fron item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  02  25"
* adding to item 13 of his DD Form 214 the:

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



      _______ _   _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)                                         AR20130002849



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002849



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1