BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20140000135 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployments to Iraq and Afghanistan and any awards he is entitled to receive.

2.  The applicant states that he deployed to Iraq and Afghanistan and those deployments are not reflected on his DD Form 214 along with awards for those deployments.

3.  The applicant provides copies of his 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 25 January 2006 for a period of 4 years, training as a health care specialist, and a $14,000 enlistment bonus.  He completed basic training at Fort Leonard Wood, Missouri, advanced individual training at Fort Sam Houston, Texas, airborne training at Fort Benning, Georgia, and special operations combat medic training at Fort Bragg, North Carolina before being transferred to Fort Benning, Georgia for assignment with the 75th Ranger Regiment.

3.  He deployed with the 75th Ranger Regiment to Iraq during the period 20080706 – 20081019 and to Afghanistan during the period 20090513 – 20090825 a total of 6 months and 27 days of foreign service.

4.  On 12 August 2009, Permanent Orders Number 224-113 issued by Headquarters, 75th Ranger Regiment awarded the applicant the Army Commendation Medal for the period 30 June – 28 August 2009.

5.  On 24 January 2010, the applicant was honorably released from active duty (REFRAD) due to completion of required service.  He had served 4 years of total active service and item 12f (Foreign Service) of his DD Form 214 issued at the time of his REFRAD reflects no deployment information in item 18 (Remarks).  It also shows that he was awarded the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and the Parachutist Badge.

6.  Army Regulation 600-8-22 (Military Awards) 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)

7.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 
31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)

8.  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 established standardized policy for preparation of the DD Form 214 and provides all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f and for item 18 for an active duty Soldier deployed to a foreign country with his or her unit during their 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 served 6 months and 27 days of foreign service and is entitled to have that service reflected in item 12f of his DD Form 214.  Item 18 of his 
DD Form 214 should also be corrected to show his deployment dates.

2.  The applicant was awarded the Army Commendation Medal and is entitled to have that award entered on his DD Form 214. 

3.  The applicant served during qualifying periods for awards of the Iraq Campaign Medal with one bronze service star and the Afghanistan Campaign Medal with one bronze service star.  He is entitled to have these medals added to his DD Form 214.











BOARD VOTE:

___X_____  _X_______  _X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* Deleting the entry “0000  00  00” from item 12f of his DD Form 214
* Entering the entry “0000  06  27” in item 12f of his DD Form 214
* Adding the Army Commendation Medal, Iraq Campaign Medal with one bronze service star, and the Afghanistan Campaign Medal with one bronze service star to item 13 of his DD Form 214
* Adding the entry “Service in Iraq 20080706 – 20081019 and Service in Afghanistan 20090513 – 20090825” to item 18 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20140000135



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ABCMR Record of Proceedings (cont)                                         AR20140000135



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