BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130017428 


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 Afghanistan Campaign Medal.

2.  The applicant states:

* he served with the 82nd Forward Support Battalion from July 2002 to January 2003
* he thought his orders would act as an alternate document

3.  The applicant provides:

* DD Form 214
* Orders Number 177-73, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 26 June 2002, with a deployment roster

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 26 January 2000 for a period of 3 years.

3.  His record contains an Army Achievement Medal Certificate that shows Permanent Orders Number 008-03 issued by the 82nd Forward Support Battalion dated 8 January 2001 awarded him the medal for meritorious achievement for the period 11 October 2000 to 20 October 2000.

4.  Orders Number 177-73, dated 26 June 2002, show he was deployed as a member of his unit on a temporary change of station (TCS) move in support of Operation Enduring Freedom.

5.  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 during the period 17 July 2002 through 18 December 2002, a period of 5 months and 2 days.

6.  On 25 January 2003, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows in:

* item 12f (Foreign Service) the entry 0000  00  00 indicating no foreign service performed during the period covered by his DD Form 214
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

* item 18 (Remarks) – does not show any deployment entry 

7.  The applicant provides a copy of Orders Number 177-73 with an attached deployment roster that lists his name.

8 .  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

9.  As a related matter, a review of his record indicates he is entitled to additional decorations not shown on his DD Form 214.

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

	a.  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.

	b.  Army Regulation 600-8-22 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 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 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.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

11.  Army Regulation 635-5 (Separation Documents) in effect at the time prescribed 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:

	a.  for item 12f, from the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered by the DD Form 214; and

	b.  for item 18, for an active duty Soldier deployed with his unit during his continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he served a qualifying period of service for award of the Afghanistan Campaign Medal and he participated in one campaign.  Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

2.  He served in Afghanistan from 17 July 2002 through 18 December 2002, a period of 5 months and 2 days.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service and deployment.

3.  The applicant honorably served during the period 26 January 2000 through 25 January 2003.  Therefore, he should be awarded the Army Good Conduct Medal (1st award) and his DD Form 214 should be corrected to show this award.

4.  The applicant served a qualifying period of service for award of the GWOTSM; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  Permanent orders awarded the applicant the Army Achievement Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

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 from item 12f of his  DD Form 214 the entry "0000  00  00 and replacing it with the entry "0000  05  02";

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 26 January 2000 to 25 January 2003;

   c.  adding to Item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Achievement Medal 
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal; and
   
   d.  adding to Item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020717 to  20021218."




      _________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)                                         AR20130017428



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ABCMR Record of Proceedings (cont)                                         AR20130017428



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