IN THE CASE OF:
BOARD DATE: : 22 October 2013
DOCKET NUMBER: AR20130004085
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 the correct dates of his foreign service.
2. The applicant states his DD Form 214 listed his service in support of Operation Enduring Freedom (Afghanistan) from 9 to 20 January 2001. These dates are incorrectly listed and this is causing him hardship with the Department of Veterans Affairs health system.
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. The applicant enlisted in the Regular Army on 15 November 2000 and he held military occupational specialty 91W (Health Care Specialist). He was honorably discharged on 28 April 2003 by reason of disability with entitlement to severance pay. His DD Form 214 shows in:
* Item 12f (Foreign Service) the entry "0000-00-17"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Parachutist Badge
* Item 18 (Remarks) - "Service in Operation Enduring Freedom (Afghanistan) From 20010109 To 20010120"
3. An email dated 27 March 2013 from the Defense Finance and Accounting Service (DFAS) confirms the applicant received hazardous fire/imminent danger pay (HD/IDP) and combat zone tax exemption (CZTE) for service in Afghanistan from 7 January 2002 to 19 January 2002.
4. Army Regulation 600-8-22 (Military Awards) states 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.
5. 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. The applicant's pay records show he received HF/IDP and CZTE for service in Afghanistan from 7 January 2002 to 19 January 2002. It appears his DD Form 214 inadvertently listed the incorrect dates of deployment. Therefore, he is entitled to correction of his DD Form 214 to show his deployment to Afghanistan as 7 January 2002 to 19 January 2002 vice 9 January 2001 to 20 January 2001.
2. This period of service qualifies him for award of the Global War on Terrorism Service Medal and correction of his DD Form 214 to show this award.
BOARD VOTE:
________ ________ ________ 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:
* adding to item 13 the Global War on Terrorism Service Medal
* deleting from item 18 the entry "Service in Operation Enduring Freedom (Afghanistan) From 20010109 To 20010119" and adding the entry "Service in Operation Enduring Freedom (Afghanistan) from 20020109 To 20020119"
_______ _ _______ ___
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) AR20130004085
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