IN THE CASE OF:
BOARD DATE:1 April 2014
DOCKET NUMBER: AR20130014098
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 award of the Global War on Terrorism Service Medal, overseas service bar, Afghanistan Campaign Medal, Valorous Unit Award, Meritorious Unit Commendation, and any other awards he is authorized for his deployment to Afghanistan in 2002.
2. The applicant states he returned to the United States a few months before his unit and was separated before the awards were given to his unit. He served in Afghanistan from 15 January 2002 to May 2002 with Headquarters and Headquarters Company, 2nd Battalion, 187th Infantry Regiment.
3. The applicant provides copies of his DD Form 214 and unit deployment orders.
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 29 June 1999. He held military occupational specialty 52D (Power Generation Equipment Repairman).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he was awarded or authorized the:
* Army Achievement Medal
* Army Service Ribbon
* National Defense Service Medal
* Air Assault Badge
* Army Good Conduct Medal (1st Award)
4. The Defense Finance and Accounting Service verified that the applicant's Master Military Pay Account shows he received hostile fire pay/imminent danger pay from 21 January 2002 through 12 May 2002 for service in Afghanistan.
5. He was released from active duty on 28 June 2002. He completed 3 years of active duty service. His DD Form 214 shows he was awarded or authorized the:
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Driver and Mechanic Badge
6. The applicant provided orders showing the 2nd Battalion, 187th Infantry Regiment, was ordered to deploy to Afghanistan in support of Operation Enduring Freedom (OEF) on 15 January 2002.
7. A review of the U.S. Army Human Resources Command webpage listing unit awards does not show the 2nd Battalion, 187th Infantry Regiment, was cited for award of the Valorous Unit Award or Meritorious Unit Commendation during the applicant's service with this unit in Afghanistan.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Afghanistan Campaign Medal is awarded to members who served in direct support of 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 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. The applicant's service in Afghanistan coincides with the Consolidation I Campaign (1 December 2001-30 September 2006).
b. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty on or after 11 September 2001.
9. Army Regulation 600-8-22 does not list the overseas service bar as an authorized award.
10. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. It states one overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in that regulation or appropriate Department of the Army message. One overseas service bar is authorized for each 6-month period of Federal service as a member of a U.S. Service participating in OEF, the U.S. Central Command (CENTCOM) area of operations, or under the control of the CENTCOM Combatant Commander from 19 September 2001 to a date to be determined. The months of arrival in and departure from the CENTCOM area of operations are counted as whole months.
11. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and specifically stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows he served qualifying periods for award of the Global War on Terrorism Service Medal and Afghanistan Campaign Medal with one bronze service star.
2. His DA Form 2-1 shows he was awarded the Army Achievement Medal and Air Assault Badge. These awards should be added to his DD Form 214.
3. He is not authorized an overseas service bar because he did not complete a 6-month period of service in Afghanistan. Furthermore, the overseas service bar is not an award and therefore is not authorized for entry on the DD Form 214.
4. There is no available evidence showing the 2nd Battalion, 187th Infantry Regiment, was cited for award of the Valorous Unit Award or Meritorious Unit Commendation during the period he served in the unit in Afghanistan.
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 adding the following awards to his DD Form 214:
* Army Achievement Medal
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Air Assault Badge
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 adding award of the Valorous Unit Award, Meritorious Unit Commendation, or overseas service bar to 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) AR20100014430
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130014098
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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