IN THE CASE OF:	   

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130013131 


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, in effect, correction of his records to recognize his period of service in Afghanistan with award of the Afghanistan Campaign Medal.

2.  The applicant states he served in Afghanistan from approximately April to August of 2002. He highlights his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is not credited with having any foreign service. 

3.  The applicant provides copies of his DD Form 214, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), an Air Medal Certificate and citation, a DD Form 2795 (Health Assessment), and XVIII Airborne Corps Orders 091-034.

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 served on active duty in the Regular Army from 30 August 2000 through 6 January 2003. 

3.  XVIII Airborne Corps Orders 091-034, dated 1 April 2002, reassigned the applicant to the U.S. Central Command area of responsibility in support of Operation Enduring Freedom.

4.  The citation for his Air Medal shows service in Bagram, Afghanistan, from 4 May 2002 to 13 June 2002.

5.  His DD Form 214 shows he was honorably discharged as a specialist (E-4) due to hardship with 2 years, 4 months, and 7 days of service.  It does not show any foreign service or award of the Afghanistan Campaign Medal.

6.  The NGB Form 22 shows service in the Minnesota Army National Guard from 7 May 2005 through 6 May 2006.

7.  A review of his pay records shows he received hazardous duty/imminent danger pay for Afghanistan from 4 May 2002 through 19 August 2002.

8.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  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 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).

	c.  The Global War on Terrorism Service Medal 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 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 Global War on Terrorism Service Medal.  

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states for an active duty Soldier deployed with their unit during their continuous period of active service, enter the following statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant served in Afghanistan from 4 May 2002 through 19 August 2002, a period of 3 months and 16 days.  Based on this period of service the applicant is authorized award of the Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his personal decoration, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendation.  It would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for his period of service from 30 August 2000 through 6 January 2003.

3.  The applicant's DD Form 214 does not show his period of service in Afghanistan at block 12f (Foreign Service).  It is appropriate to correct the DD Form 214 to show 3 months and 16 days of foreign service.

4.  Block 18 (Remarks) does not include the mandatory entry reflecting his deployment.  It would be appropriate to add the following statement:  "SERVICE IN AFGHANISTAN FROM 20020504-20020819."

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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for his period of service from 30 August 2000 through 6 January 2003;

	b.  correcting his DD Form 214 to show in:

		(1)  block 12f, 3 months and 16 days of foreign service;

		(2)  block 13, his awards also include the Army Good Conduct Medal,  Afghanistan Campaign Medal with one bronze service star, and the Global War on Terrorism Service Medal; and

		(3)  block 18, the statement:  "SERVICE IN AFGHANISTAN FROM 20020504-20020819."

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 any additional foreign service beyond those dates indicated above.



      _______ _   _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)                                         AR20130013131



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013131



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1