IN THE CASE OF:	  

		BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130019725 


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) for the period ending 15 March 2004 to show award of the:

* Global War on Terrorism Expeditionary Medal
* Afghanistan Campaign Medal
* Meritorious Unit Commendation

2.  The applicant states he is eligible for these awards as he meets the criteria per the attached orders and his DD Form 214.  He was not aware that he was eligible for these awards until recently.  He proudly served and earned them.  He is humbly requesting to have them added to his permanent record.

3.  The applicant provides copies of Orders 310-016, a memorandum for record (MFR), Permanent Orders 058-052, and his 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 March 1999.  He served in military occupational specialty 31B (military police (MP)).

3.  He provided copies of the following:

* Headquarters, XVIII Airborne Corps and Fort Bragg, Orders 310-016, dated 6 November 2001, deploying him with the 65th MP Company (Airborne) in support of Operation Enduring Freedom (OEF) with a reporting date of on or about 15 November 2001
* an MFR from Headquarters, 503rd MP Battalion (Airborne), dated 14 February 2003, subject:  Deployment of the 65th MP Company (Airborne), wherein his name is listed among personnel scheduled to deploy in support of OEF
* Headquarters, XVIII Airborne Corps and Fort Bragg, Permanent Orders 058-052, dated 27 February 2003, deploying his unit for the duration of OEF with an effective date of 17 March 2003

4.  He was honorably released from active duty in pay grade E-6 on 15 March 2004 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 lists in:

* item 13 (Decorations, Medal, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) –

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar
* Driver and Mechanic Badge with Mechanic Bar
* Bronze German Armed Forces Parachutist Badge

* item 18 (Remarks) – "SERVICE IN OPERATION ENDURING FREEDOM FROM 20011118 TO 20020510 AND FROM 20030406 TO 20031019"

5.  An email from the Defense Finance and Accounting Service (DFAS), dated 16 January 2014, verified the applicant received hostile fire and imminent danger pay for service in Uzbekistan from 16 November 2001 through 26 January 2002 and in Kuwait from 6 April 2003 through 17 October 2003.

6.  On 26 June 2014, a staff member of the Board contacted the applicant by email in an effort to confirm the dates of his physical presence in Afghanistan and obtain documentary evidence to support his presence there.  The applicant did not respond.

7.  The U.S. Army Human Resources Command Military Awards Branch Recently Approved Unit Awards website does not show the 65th MP Company (Airborne) was awarded the Meritorious Unit Commendation during the applicant's period of active duty service.  However, the 65th MP Company (Airborne) was awarded the Meritorious Unit Commendation for the period 1 February to 15 August 2005.

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 of the U.S. Armed Forces 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 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 campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined)

	b.  Only one award of the Afghanistan Campaign Medal may be authorized for any individual and under no condition will personnel or units receive the Afghanistan Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

	c.  Service members who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  The Meritorious Unit Commendation may be awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence (DFAS records) shows the applicant completed a qualifying period of service in Uzbekistan for award of the Global War on Terrorism Expeditionary Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 15 March 2004 to show this award.

2.  With respect to the Afghanistan Campaign Medal, there is no evidence and he provided none showing he was authorized or awarded this medal and that he actually served in Afghanistan during OEF.  Therefore, there is insufficient evidence to determine his entitlement to this award and/or its addition to his DD Form 214.

3.  With respect to the Meritorious Unit Commendation, there is no evidence and he provided none showing the 65th MP Company (Airborne) was awarded the Meritorious Unit Commendation during his period of assignment.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

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 award of the Global War on Terrorism Expeditionary Medal adding to his DD Form 214 for the period ending 15 March 2004.

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 award of the:

* Afghanistan Campaign Medal
* Meritorious Unit Commendation



      _____________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)                                         AR20130019725



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ABCMR Record of Proceedings (cont)                                         AR20130019725



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