IN THE CASE OF:	  

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130009716 


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 his foreign service and deployment in Afghanistan be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests award of the Afghanistan Campaign Medal.

2.  The applicant states:

* his foreign service time does not reflect the six months he spent in Afghanistan
* he does not know why his deployment in Afghanistan was not acknowledged and recorded on his DD Form 214 

3.  The applicant provides a copy of 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 10 April 2002, served as an infantryman, and was honorably released from active duty on 13 April 2006.

3.  His DD Form 214 shows:
	a.  in item 12f (Foreign Service), the entry "0000  10  24";

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

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Iraq Campaign Medal (ICM)

	c.  in item 18 (Remarks), service in Iraq from 15 February 2003 to 8 January 2004 (a total of 10 months and 24 days).

4.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 16 July 2005 through 
6 November 2005 (a total of 3 months and 21 days).

5.  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 establishes standardized policy for preparation of the DD Form 214.  The regulation provides that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* item 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)"
6.  Army Regulation 600-8-22 (Military Awards) states 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 24 October 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-date to be determined

7.  Army Regulation 600-8-22 states the ICM is awarded to members who served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

8.  Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism 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.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 



9.  Army Regulation 600-8-22 further 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. 

10.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOEs, including Kuwait.

DISCUSSION AND CONCLUSIONS:

1.  DFAS confirms the applicant received HFP/IDP and CZTE for service in Afghanistan during the period 16 July 2005 through 6 November 2005, a total of 3 months and 21 days.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed 1 year, 2 months, and 15 days of foreign service and item 18 of his DD Form 214 should be corrected to show he served in Afghanistan from 16 July 2005 to 6 November 2005.

2.  Based on his service in Afghanistan, he is eligible for award of the Afghanistan Campaign Medal with one bronze service star.

3.  His DD Form 214 shows the ICM as an authorized award.  However, based on his service in Iraq, he is eligible for award of the ICM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show the ICM with two bronze service stars.

4.  He is also eligible for the GWOTEM for the period 15 February to 18 March 2003 for his service presumably in Kuwait prior to the start of the war.  Therefore, his DD Form should be corrected to show this medal.  

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 the current entry in item 12f of his DD Form 214 and replacing it with the entry "0001  02  15";

	b.  adding the Afghanistan Campaign Medal with one bronze service star and GWOTEM to item 13 of his DD Form 214; 

	c.  deleting award of the ICM from item 13 his DD Form 214 and replacing it with the ICM with two bronze service stars; and

	d.  adding the entry "SERVICE IN AFGHANISTAN FROM 20050716-20051106" to item 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)                                         AR20130009716



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ABCMR Record of Proceedings (cont)                                         AR20130009716



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