IN THE CASE OF:
BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130013021
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 overseas service in Afghanistan.
2. The applicant states there is no foreign service annotated on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Permanent Orders 090-02, Fort Benning, GA, dated 30 March 2012, with attached personnel roster, authorizing a shoulder sleeve insignia
CONSIDERATION OF EVIDENCE:
1. On 11 August 2010, the applicant enlisted in the Regular Army. He completed his initial training and was subsequently assigned for duty with the 3rd Battalion, 75th Ranger Regiment located at Fort Benning, GA.
2. Permanent Orders 090-02, with attached personnel roster, as provided by the applicant, indicate he was authorized to wear a shoulder sleeve insignia for his service in support of Operation Enduring Freedom (OEF) in Afghanistan from
1 December 2011 to 2 February 2012 (2 months and 2 days).
3. Records at the Defense Finance and Accounting Service (DFAS) show that the applicant received hazardous fire pay (HFP) and imminent danger pay (IDP) from 7 December 2011 through 1 February 2012 (1 month and 25 days) for service in Afghanistan.
4. On 30 November 2012, the applicant was released from active duty due to completion of required active service. He was transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4, and had completed 2 years, 3 months, and 20 days of honorable active duty service.
5. The applicant's DD Form 214 shows in:
a. Item 12f (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
* North Atlantic Treaty Organization (NATO) Medal
* Ranger Tab
* Parachutist Badge
c. Item 18 (Remarks): no entries for his deployment to Afghanistan.
6. Army Regulation 600-8-22 (Military Awards):
a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
b. The Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. 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 GWOTSM.
c. 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. Approved designated Afghanistan campaigns include Transition I (1 July 2011-date to be determined).
7. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that Item 18 (Remarks) would contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his overseas service in Afghanistan.
2. Permanent orders indicate the applicant served in support of OEF for a period of 2 months and 2 days from 1 December 2011 to 2 February 2012.
3. DFAS records show that the applicant received HFP/IDP from 7 December 2011 through 1 February 2012 (1 month and 25 days) for service in Afghanistan.
4. It is reasonable to presume that the applicant's unit that published the permanent orders referred to above was more knowledgeable of the exact dates he served in support of OEF. Therefore, it would be appropriate to show on his DD Form 214 his foreign service as 2 months and 2 days in Afghanistan.
5. The applicantÂ’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, pay grade E-4, and completing his required active duty service. Furthermore, there is no evidence of record showing that he had ever been disciplined or had any misconduct. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, his records should be corrected to show that he was recommended for and awarded this medal.
6. Records show the applicant served a qualifying period authorizing him the Afghanistan Campaign Medal with one bronze service star. Accordingly, this medal should be shown on his DD Form 214.
7. Records show the applicant served a qualifying period authorizing him the GWOTSM. Accordingly, this medal should be shown on his DD Form 214.
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. awarding him the Army Good Conduct Medal (1st award) for the period
11 August 2010 to 30 November 2012;
b. showing in Item 12f of his DD Form 214: 0 years, 2 months, 2 days;
c. adding in Item 13 of his DD Form 214:
* Army Good Conduct Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with one bronze service star
d. adding in Item 18 of his DD Form 214: "SERVICE IN AFGHANISTAN: 20111201 -20120202."
_______ _ _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) AR20130013021
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ABCMR Record of Proceedings (cont) AR20130013021
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