IN THE CASE OF:	  

		BOARD DATE:  3 December 2013

		DOCKET NUMBER:  AR20130005747 


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 service in support of Operation Enduring Freedom (OEF).

2.  The applicant states he served overseas in Afghanistan from approximately June 2002 to January 2003; however, his DD Form 214 does not show this foreign service.

3.  The applicant provides no additional documentary evidence in support of his application.

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 3 September 1999 for a period of 4 years.  He was awarded military occupational specialty 35J (Computer/ Automation System Repairer) and he completed airborne training.  On 11 July 2000, he was assigned to the 82nd Forward Support Battalion, Fort Bragg, NC.

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 March 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 3 years, 
6 months, and 26 days of net active service this period.  It also shows in:

   a.  item 12 (Record of Service), block f (Foreign Service), "0 years,
0 months, and 0 days";

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

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

   c.  item 18 (Remarks) does not show he deployed overseas.

4.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 16 July 2002 through 19 January 2003 for Afghanistan.

5.  A review of the applicant's military personnel records failed to reveal any evidence that he was authorized or awarded the Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM), or Afghanistan Campaign Medal (ACM).

6.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he desired correction of his records to show his authorized awards relating to his service in Afghanistan in support of OEF.  The applicant provided a positive response and also indicated his preference for award of the GWOTEM.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  

		(1)  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive or 60 nonconsecutive days in the AOE.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in OEF and Operation Iraqi Freedom in specific designated geographic AOEs, which included Afghanistan.

	b.  The ACM is awarded to members who have 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 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.

	 	 (1)  A bronze service star is authorized with this service medal for each Afghanistan campaign a member is credited with participating in.

    	(2)  No service member will be entitled to both the ACM and GWOTEM for the same act, achievement, or period of service.

   c.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in GWOT operations outside of the designated GWOT AOEs on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive or 60 nonconsecutive days.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It states for:






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

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

	c.  item 18:  for an active duty Soldier deployed to a foreign country 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 evidence of record shows the applicant served in Afghanistan in support of OEF from 16 July 2002 to 19 January 2003.

2.  A calculation of this period of overseas service shows the following:

	2003  01  19	date of redeployment from Afghanistan
	- 2002  07  16	date of deployment to Afghanistan
	=     00  06  03
	+                   1	day inclusive
	=     00  06  04	total foreign service in Afghanistan

3.  Item 12f and item 18 of the applicant's DD Form 214 do not show the applicant's service in Afghanistan.  Therefore, it would be appropriate to correct his DD Form 214 to show his overseas deployment/foreign service in Afghanistan.

4.  The evidence of record shows the applicant's service in Afghanistan qualified him for award of the GWOTEM.

5.  The applicant qualified for award of the GWOTSM based on his service outside the AOE for the GWOTEM.

6.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his foreign service and awards as recommended below.


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:

	a.  deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "0000  06  24";

	b.  adding to item 13 of his DD Form 214 the:

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
	
	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020716-20030119."




      _______ _  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)                                         AR20130005747



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ABCMR Record of Proceedings (cont)                                         AR20130005747



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