IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015127
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 deployment to Afghanistan.
2. The applicant states:
* he wants his Afghanistan service added to his DD Form 214
* his DD Form 214 shows no foreign service
3. The applicant provides:
* North Atlantic Treaty Organization travel orders
* 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 16 August 2006. He completed his training and was awarded military occupational specialty 11C (indirect fire infantryman).
3. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Afghanistan from 28 February 2007 through 10 May 2007 (a total of 2 months and 13 days).
4. On 10 May 2007, he was honorably discharged.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Army Service Ribbon
6. Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service.
7. Item 18 (Remarks) of his DD Form 214 does not show any deployments.
8. Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal (ACM) 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)
9. Army Regulation 600-8-22 states 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.
10. 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. The regulation provides that for item 12f enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record.
DISCUSSION AND CONCLUSIONS:
1. The DFAS records which show the applicant deployed to Afghanistan are accepted as sufficient evidence verifying his service in this country. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Afghanistan from 28 February 2007 to 10 May 2007. In addition, item 12f of his DD Form 214 should be corrected to show he completed a total of 2 months and 13 days of foreign service.
2. Based on his service in Afghanistan and participation in one campaign, he is entitled to the ACM with one bronze service star. Therefore, his DD Form 214 should be corrected to show this award.
3. He served a period of qualifying service for award of the GWOTSM. Therefore, his DD Form 214 should be corrected to show this medal.
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. adding the ACM with one bronze service star and GWOTSM to his
DD Form 214;
b. deleting the entry in item 12f of his DD Form 214 and replacing it with the entry "0000 02 13;" and
c. adding the entry "SERVICE IN AFGHANISTAN FROM 20070228-20070510" to item 18 of 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) AR20130015127
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ABCMR Record of Proceedings (cont) AR20130015127
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