IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130012118
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 combat service in Afghanistan.
2. The applicant states his foreign combat service is not listed on his DD Form 214.
3. The applicant provides:
* DD Form 214
* a memorandum
* DA Form 7631 (Deployment Cycle Support Checklist)
* Red Cross Message
* DA Form 31 (Request and Authority for Leave)
* Orders HO-137-0024
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 13 January 2010.
2. The applicant's record contains a North Atlantic Treaty Organization (NATO) Medal certificate. The certificate awards him the NATO Medal for service with NATO in relation to the International Security Assistance Force for the period 13 June 2011 through 13 June 2012.
3. On 30 November 2012, the applicant was discharged. Item 12f (Foreign Service) of the DD Form 214 he was issued at the time fails to show any foreign service to include Korea and Afghanistan.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Afghanistan Campaign Medal with two campaign stars
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* NATO Medal
5. The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Afghanistan from 12 June 2011 through 30 April 2012.
6. The applicant provides:
a. Orders HO-137-0024, issued by Headquarters, III Corps and Fort Hood, dated 17 May 2011, that show the applicant was to deploy on or about 1 June 2011 to Afghanistan in support of Operation Enduring Freedom.
b. A memorandum from the Commander, Headquarters, 1st Air Cavalry Brigade, Camp Marmal, Afghanistan, dated 11 February 2012, that temporarily released the applicant (effective 11 February 2012) from theater under emergency leave conditions due to the recent death of his newborn daughter.
c. A DA Form 31, dated 12 February 2012, authorizing the applicant emergency leave. Although incorrectly authenticated, it appears the applicant was signed out of his unit on 14 February 2012.
7. There is insufficient evidence to show the applicant returned to theater upon completion of his emergency leave.
8. 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. In establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214 and states for item 18 (Remarks), 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. The evidence of record is ambiguous with regard to the applicant's actual dates of service in Afghanistan. Evidence shows the applicant was awarded the Korea Defense Service Medal; however, the applicant provides no evidence and his records contain insufficient evidence to show he performed service in Korea.
2. DFAS records indicate the applicant was deployed to Afghanistan from 12 June 2011 through 30 April 2012. However, these records only indicate the amount of time he received HFP/IDP, not the amount of time he was actually in the theater of operations.
3. It is reasonable to presume the applicant arrived in Afghanistan not later than 12 June 2011, based on the start date provided by DFAS for his HFP/IDP and the proximity of the date listed on his NATO Medal certificate (13 June 2011).
4. It is also reasonable to presume the applicant departed theater on 14 February 2012, as listed on his DA Form 31. Therefore, based on the available evidence it is reasonable to presume the applicant served in Afghanistan for the period 12 June 2011 through 14 February 2012 (a period of 8 months and 3 days).
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. adding the entry "0000 08 03" to item 12f of his DD Form 214; and
b. adding the statement "SERVICE IN AFGHANISTAN FROM 20110612-20120214" 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) AR20130012118
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ABCMR Record of Proceedings (cont) AR20130012118
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