IN THE CASE OF:	  

		BOARD DATE:	    17 October 2013

		DOCKET NUMBER:  AR20130004735 


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 reflect his service in Afghanistan.

2.  The applicant states he served in Afghanistan from 25 January to 25 April 2002, but the service is not reflected on his DD Form 214.

3.  The applicant provides his DD Form 214, unit deployment orders, DD Form 2796 (Post-Deployment Health Assessment), and Standard Form 600 (Chronological Record of Medical Care).

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 7 July 1999 and he was awarded military occupational specialty 77F (Petroleum Supply Specialist) upon completion of initial entry training.

3.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 21 January to 24 April 2002 (3 months and 4 days).

4.  He was honorably released from active duty on 6 July 2002.  His DD Form 214 shows in:

	a.  block 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service;

	b.  block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  block 18 (Remarks) no deployment data.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Afghanistan Campaign Medal (ACM) is awarded to service members who served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility (AOE) 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-to be determined)

	b.  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 AOE designated for award of the Global War on Terrorism Expeditionary Medal, ACM, or Iraq Campaign Medal.  All Soldiers serving 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.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provides standardized policy for preparation of the DD Form 214.  It states for:

	a.  block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  block 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and

	c.  block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect his service in Afghanistan has been carefully considered.

2.  DFAS records confirm he received HFP/IDP and CZTE for service in Afghanistan from 21 January to 24 April 2002.  Therefore, his DD Form 214 should be corrected to reflect the total amount of foreign service performed (3 months and 4 days) in block 12f and to document his deployment in block 18.

3.  Based on his overseas service in Afghanistan, he is authorized award of the ACM with one bronze service star and correction of his DD Form 214 to show this award.

4.  He also served a period of qualifying service for award of the GWOTSM.  This award should be added to his DD Form 214.


BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting the current entry in block 12f of his DD Form 214 and adding the entry "0000  03  04;

	b.  adding the following awards to block 13 of his DD Form 214:

* ACM with one bronze service star
* GWOTSM

	c.  adding the entry "SERVICE IN AFGHANISTAN FROM 20020121-20020424" to block 18 of 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)                                         AR20130004735



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ABCMR Record of Proceedings (cont)                                         AR20130004735



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