IN THE CASE OF:	  

		BOARD DATE:	    29 August 2013  

		DOCKET NUMBER:  AR20130013024 


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 item 12 (Record of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment dates from 5 August 2003 to 10 April 2004.  It is presumed that he is also requesting the awards that he is authorized for his service. 

2.  He states his deployment dates are missing from his DD Form214.  

3.  He provides his Soldier Deployment History Outprocessing Report and 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 2 August 2001 and was released from active duty (REFRAD) on 1 August 2005.  He completed 4 years of active military service with no time lost.  His highest grade held was sergeant (SGT)/E-5.  

3.  He provided a Soldier Deployment History Outprocessing Report which indicates he was deployed from 24 June to 16 December 2002 (175 days) and from 5 August 2003 to 10 April 2004 (249 days).  

4.  His DD Form 214 shows in:

   a.  item 12f (Foreign Service) he completed 5 months and 24 days of foreign service.

   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Combat Medical Badge, and Parachutist Badge.

   c.  item 18 (Remarks) he served in Operation Enduring Freedom (OEF) in Afghanistan from 27 June to 20 December 2002.

5.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 29 July to 12 December 2002 for Afghanistan and from 7 August 2003 to 23 March 2004 for Kuwait.

6.  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 the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

7.  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 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 Consolidation I (1 December 2001-30 September 2006).

8.  Army Regulation 600-8-22 states 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.  

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 is missing his deployment dates is acknowledged and is determined to have merit.  It is also presumed that he is requesting the awards that he is authorized for his service

2.  His DD Form 214 currently reflects he served in Afghanistan from 27 June to 20 December 2002 and he completed 5 months and 24 days of foreign service.

3.  DFAS confirmed he received HF/IDP and CZTE for the period 7 August 2003 to 23 March 2004 (a period of 7 months and 16 days) for service in Kuwait.  Therefore, his DD Form 214 should be corrected to include his deployment period.

4.  Based on his deployment to Kuwait from 7 August 2003 to 23 March 2004, he is eligible for award of the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

5.  The evidence of record shows he completed an overseas tour.  Therefore, he is eligible for award of the Overseas Service Ribbon and correction of his 
DD Form 214 to show this ribbon.

6.  The applicant served during a qualifying period for the first award of the Army Good Conduct Medal (2 August 2001 through 1 August 2004).  He was advanced to SGT/E-5 with no record of any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X___   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the entry "0000 05 24" from item 12f and replacing it with the entry "0001 01 10";

	b.  adding the entry "SERVICE IN KUWAIT FROM 20030807- 20040323 to item 18;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 2 August 2001 through 1 August 2004; and 

	d.  adding award of the Afghanistan Campaign Medal with one bronze service star, Overseas Service Ribbon, and Army Good Conduct Medal (1st Award) to item 13.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 


much of the application that pertains to correction of his DD Form 214 to show his deployment dates were from 5 August 2003 to 10 April 2004.



      __________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)                                         AR20130013024



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ABCMR Record of Proceedings (cont)                                         AR20130013024



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