IN THE CASE OF:	  

		BOARD DATE:  28 January 2014

		DOCKET NUMBER:  AR20130008418 


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 Afghanistan Campaign Medal (ACM) or the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states he served as an infantryman in the 1st Battalion, 87th Infantry Regiment, 10th Mountain Division in Uzbekistan and Afghanistan from October 2001 to March 2002.  He was also a part of Mission Anaconda.

3.  The applicant provides no additional documentary evidence.

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.  On 2 September 1998, the applicant enlisted in the Regular Army.  He completed training, was awarded military occupational specialty 11B (Infantryman), and was promoted to pay grade E-5.

3.  His DA Form 2-1 (Personnel Qualification Record) does not show any overseas service.

4.  His DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the rating period September 2001 through July 2002 shows he led his section on numerous real world missions including two combat operations during Operation Enduring Freedom (OEF) and Operation Anaconda.

5.  On 1 September 2002, he was honorably released from active duty.  He completed 4 years of creditable active service.  His DD Form 214 does not show the ACM or GWOTEM.  His DD Form 214 shows in:

* item 12f (Foreign Service) "0000 00 00" indicating no foreign service
* item 18 (Remarks) no entry for deployed service

6.  On 6 November 2007, Department of the Army General Orders Number 3 awarded 1st Battalion, 87th Infantry Regiment the Valorous Unit Award for the period 2-19 March 2002.

7.  During the processing of this case, the Defense Finance and Accounting Service reviewed his Master Military Pay Account (MMPA).  His MMPA revealed that he received hostile fire pay/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE) for Kuwait from 6 October 2001 through 5 April 2002
(6 months).

8.  A Fort Drum web site shows Task Force 1-87th Infantry deployed to Karsi Khanabad Airfield, Uzbekistan on 5 October 2001 in support of OEF as one of the first conventional units in theater for OEF.  The Task Force consisted of personnel from units including 1st Battalion, 87th Infantry.  During November 2001, Task Force 1st Battalion, 87th Infantry deployed to Bagram Airfield, Afghanistan providing security and support for combat missions.  The Task Force actively participated in Operation Anaconda, conducting combat operations in the Lower Shah-e-kot Valley, Afghanistan.  After a highly successful deployment, Task Force 1st Battalion, 87th Infantry returned to Fort Drum, New York on 6 April 2002. 

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and unit decorations.
	a.  The ACM is awarded to members who have served in direct support of OEF.  The 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-date to be determined)

	b.  This regulation states 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 operations on or after 11 September 2001 to a date to be determined.  The general 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.  This regulation states service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria.

	c.  Initial award of the GWOTEM was limited to service members deployed abroad in OEF and Iraqi Freedom in designated specific geographic AOE's that included Kuwait, Afghanistan, and Uzbekistan.

10.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It states for:

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

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), enter 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 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.  Though his MMPA shows he received HF/IDP and CZTE only for Kuwait during the period 6 October 2001 through 5 April 2002, his DA Form 2166-8 stated he served during two combat operations in support of OEF and Operation Anaconda during that time.  It is reasonable to presume he would have first arrived in Kuwait and was authorized HF/IDP and CZTE for that location prior to going into Uzbekistan and Afghanistan since DFAS generally does not change a Soldier's records to reflect such a change in location.  It appears there is sufficient evidence to show he served sufficient time in Afghanistan during a qualifying period of service for which he is entitled to the ACM and that he participated in two campaigns.  Therefore, it would be appropriate to:

* add the ACM with two bronze service stars to his DD Form 214
* amend his DD Form 214 to show he completed 6 months of foreign service

2.  Evidence shows the unit he was assigned to while deployed was in Kuwait, Uzbekistan, and Afghanistan from 6 October 2001 to 5 April 2002.  As such, it appears his statement together with this information is sufficient to amend his DD Form 214 to show he served in Kuwait/Uzbekistan/Afghanistan from 6 October 2001 through 5 April 2002.

3.  His unit was awarded the Valorous Unit Award during his period of assignment to that unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  In view of the foregoing, it would be appropriate to correct his DD Form 214 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 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 00";

	b.  adding the ACM with two bronze service stars and Valorous Unit Award to item 13  of his DD Form 214; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT/UZBEKISTAN/AFGHANISTAN FROM 6 OCTOBER 2001 – 5 APRIL 2002."




      _______ _  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)                                         AR20130008418



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ABCMR Record of Proceedings (cont)                                         AR20130008418



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