BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130014250 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected it show his period of service in Afghanistan.

2.  The applicant states he needs the correction to show his war-time service.

3.  The applicant provides a copy of an Army Commendation Medal award certificate.

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 14 May 1998 through 13 May 2004.

3.  38th Personnel Services Battalion Permanent Orders Number 101-45, dated 11 April 2001, awarded the applicant the Good Conduct Medal for the period 14 May 1998 through 13 May 2001.

4.  82nd Aviation Brigade Permanent Orders Number 340-23, dated 6 December 2002, awarded the applicant the Army Commendation Medal for his service while deployed to Afghanistan in support of Operation Enduring Freedom for the period 15 June 2002 through 15 March 2003.

5.  The applicant had foreign service in Korea from 29 November 1998 through 22 December 1999 (1 year and 24 days) and in Germany from 22 January 2000 through 18 November 2001 (1 year, 9 months, and 28 days).  

6.  His pay records show he received hazardous duty/imminent danger pay for service in Afghanistan from 2 September 2002 through 23 February 2003 (5 months and 22 days).

7.  His DD Form 214 shows the applicant had 2 years, 10 months, and 21 days of foreign service and lists his awards as - 

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Korean Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Aircraft Crewman Badge

8.  The DD Form 214 does not include any indication of the applicant's service in Afghanistan.

9.  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)." 


10.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  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.  

   d.  The Afghanistan Campaign Medal was authorized by Public Law 108–234, 28 May 2004.  It 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 does not include the mandatory statement to reflect the applicant's deployment to Afghanistan.  It is appropriate to include the following statement on his DD Form 214:  "SERVICE IN AFGHANISTAN FROM 20020902-20030223."


2.  Block 12f (Foreign Service) of the applicant's DD Form 214 shows only his periods of service in Korea and Germany, omitting his period of service in Afghanistan.  It is appropriate to correct this entry to show a total of 3 years, 4 months, and 13 days of foreign service.

3.  The DD Form 214 shows the wrong service medal for recognition of the applicant's period of service in Korea.  The correct entry should be the Korea Defense Service Medal, not the Korean Service Medal.  It is appropriate to correct this error.

4.  The applicant's award of the Army Commendation Medal and the Good Conduct Medal were omitted from his DD Form 214.  It is appropriate to correct the record to include these awards.

5.  The applicant served during the period and in area for which the GWOTSM was authorized.  It is appropriate to add this award to his DD Form 214.

6.  The applicant served in Afghanistan during a period for which the Afghanistan Campaign Medal was authorized.  It is appropriate to add this award to his 
DD Form 214 as the Afghanistan Campaign Medal with one bronze service star.

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.  deleting the entry at block 12f on his DD Form 214 of 2 years, 10 months, and 21 days; 

	b.  deleting the entry at block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 of the Korean Service Medal;
   c.  adding, at block 12f, the entry 3 years, 4 months, 13 days;

	d.  adding, at block 13, the following awards - 

* Army Commendation Medal
* Army Good Conduct Medal
* Korea Defense Service Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with one bronze service star

	e. adding, at block 18, the following: "SERVICE IN AFGHANISTAN FROM 20020902-20030223."



      _______ _   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)                                         AR20130014250





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ABCMR Record of Proceedings (cont)                                         AR20130014250



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