IN THE CASE OF:	  

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130005925 


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) as follows: 

* Item 12f (Foreign Service) to show his foreign service in Afghanistan from October 2001 to January 2002
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the:

* Afghanistan Campaign Medal with two bronze service stars
* Combat Infantryman Badge
* Joint Service Commendation Medal
* Global War on Terrorism Service Medal
* All other awards or decorations that he may be authorized

* Item 18 (Remarks) to show his combat service in an imminent danger pay area

2.  The applicant states the omission was due to an administrative oversight. 

3.  The applicant provides:

* DD Form 214
* Permanent Orders (PO) GB-2401 (Joint Service Commendation Medal)
* PO 130-002 (Combat Infantryman Badge)
* Orders D-09-621811 (Discharge)
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's records show he was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 17 January 1997.  He entered active duty on 25 September 1997.  He completed the Infantry Officer Basic Course, Basic Airborne Course, and Ranger Course. 

3.  He was honorably released from active duty on 20 February 2002.  His 
DD Form 214 shows in:

* Item 12f "0000-00-00" indicating he did not complete any foreign service
* Item 13 the Army Achievement Medal (3rd Award), Army Service Ribbon, Ranger Tab, Armed Forces Expeditionary Medal, and Parachutist Badge
* Item 18 no entry regarding service in an imminent danger pay area

4.  His records contain and he provides PO GB-2401, issued by the U.S. Central Command, MacDill Air Force Base, FL, on 4 December 2002, awarding him the Joint Service Commendation Medal for service from 11 September 2001 to 
4 January 2002.

5.  He provides PO Number 130-002, issued by Coalition Forces Land Component Command, U.S. Army Forces Central Command, on 19 May 2002, awarding him the Combat Infantryman Badge. 

6.  An email, dated 25 April 2013, from the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP) and combat zone tax exclusion from 12 October 2001 to 5 January 2002 for service in Mauritius (Africa).  DFAS records do not show he served in Afghanistan.

7.  A staff member of the Board communicated with the applicant via email several times in an effort to obtain corroborating evidence of his service in Afghanistan.  The applicant did not provide any.  

8.  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 item 12f is obtained from the Enlisted/Officer Record Brief and shows the total amount of foreign service completed during the period covered by the DD Form 214.  Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)” is entered in item 18.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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 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. 

	b.  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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  (1) Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2) While participating in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility; and/or (3) While participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility.

	c.  The Combat Infantryman Badge is authorized for qualified Soldiers for the War on Terrorism (which includes Afghanistan, Operation Enduring Freedom; and Iraq, Operation Iraqi Freedom).

10.  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 that for:

* block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13, list all awards and decorations verified by the Soldier's record 
* block 18, for an active duty Soldier deployed 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.  PO awarded the applicant the Combat Infantryman Badge and Joint Service Commendation Medal.  Neither award is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.  

2.  The applicant 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 show this award. 

3.  With respect to the Afghanistan Campaign Medal:  

	a.  The applicant's pay records do not show he received hazardous fire pay/imminent danger pay for service in Afghanistan and he provides no evidence confirming his exact dates of arrival to and departure from Afghanistan or a manifest report, deployment orders, temporary duty and/or temporary change of station orders confirming his service in Afghanistan. 

	b.  However, given that the Combat Infantryman Badge is awarded for the War on Terrorism (which includes Afghanistan, Operation Enduring Freedom; and Iraq, Operation Iraqi Freedom) and given the fact that the applicant was awarded the Combat Infantryman Badge, issued by the Coalition Forces Land Component Command, a command that was deployed to several overseas locations, including Afghanistan, it is reasonable to presume the applicant served in Afghanistan.  

	c.  Although his period of service in Afghanistan is unknown, his award of the Combat Infantryman Badge confirms he was engaged in combat during an armed engagement, regardless of the time in the area of eligibility.  Therefore, he meets the criteria for award of the Afghanistan Campaign Medal.  Additionally, it is also reasonable to presume he participated in at least one campaign during his service in Afghanistan.  Therefore, he is entitled to correction of his DD Form 214 to show the Afghanistan Campaign Medal with one bronze service star. 

4.  With respect to his foreign/combat service:

	a.  The applicant contends he served in Afghanistan from October 2001 to January 2002 and he provides a copy of orders awarding him the Combat Infantryman Badge.  The award does not mention Afghanistan but it presumed to have been awarded in Afghanistan.  

	b.  His pay records confirm he received HF/IDP and CZTE from 12 October 2001 to 5 January 2002, a period of 2 months and 24 days, that is consistent with what he claims.  However DFAS shows this service was performed in Mauritius (Africa).  DFAS records do not show he served in Afghanistan.  

	c.  In the absence of additional documentary evidence, items 12f and 18 of his DD Form 214 should be corrected to show his foreign and combat service respectively in Afghanistan/Mauritius from 12 October 2001 to 5 January 2002.

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 from item 12f of his DD Form 214 the entry "0000-00-00" and adding "0000-02-24"
* adding to item 13 of his DD Form 214 the Global War on Terrorism Service Medal, Joint Service Commendation Medal, Combat Infantryman Badge, and Afghanistan Campaign Medal with one bronze service star
* adding to item 18 of his DD Form 214 the entry "Service in Afghanistan/Mauritius 20011012 - 20020105"

   
   

      _______ _ 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)                                         AR20130005925



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ABCMR Record of Proceedings (cont)                                         AR20130005925



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