BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140001451 


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 the Pentagon and Afghanistan and all associated medals and awards. 

2.  The applicant states he served at the Pentagon a week after 11 September 2001 recovering remains.  He was then deployed to Afghanistan.  Neither of these deployments is listed in his military records.  This includes the associated medals and awards that should have been attached with them.  The orders to the Pentagon were unit orders; thereby, he never received orders himself.  He contacted the 54th Quartermaster Company to see if they had those records; however, they did not.  His Afghanistan orders were squad-based and given to his squad leader with all of their names listed on one set of orders.  He contacted the former squad leader but he did not have them.  He has an Army Commendation Medal from Kuwait and an Army travel voucher showing he was in Afghanistan as proof, along with several people he can contact that he served with while there, not to mention many pictures.

3.  The applicant provides a travel voucher.

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's records show he enlisted in the Regular army on 17 August 1999 and he held military occupational specialty 92M (Mortuary Affairs Specialist).  

3.  Permanent Orders Number 158-14, issued by Headquarters, 377th Theater Support Command on 6 June 2003, awarded him the Army Commendation Medal for meritorious service as a mortuary affairs specialist of a Coalition Task Force (CTF) Kuwait Mortuary Affairs Team in support of Operation Enduring Freedom (OEF), during the period 5 May to 12 October 2002. 

4.  He was honorably released from active duty on 20 December 2003.  He completed 4 years, 4 months, and 4 days of creditable active service with no lost time and he was fully eligible to reenlist.  His DD Form 214 shows in:

* Item 12f (Foreign Service) – the entry "0000-07-21"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – the Army Lapel Button, Drivers Badge, National Defense Service Medal, and Army Service Ribbon
* Item 18 (Remarks) – in pertinent part, "Service in Southwest Asia 20020413-20021203"

5.  By email, dated 19 February 2014, the Defense Finance and Accounting Service, Indianapolis, IN, confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service from 30 April 2002 to 3 December 2002 for service in Afghanistan. 

6.  He provides a Travel Voucher, dated 13 January 2003 that shows he travelled in a temporary duty status (TDY) and he was authorized per diem as follows:

* Fort Lee, VA, 21 April 2002, 1 day
* Fort Benning, GA, 21 April to 3 May 2002, 12 days
* UZ (presumably Uzbekistan), 5 to 6 May 2002, 1 day
* MU (unknown) 6 to 9 May 2002, 3 days
* Afghanistan, 9 May to 28 November 2002, 203 days
* Kuwait, 29 November to 1 December 2002, 2 days
7.  His records do not contain orders awarding him the Army Good Conduct Medal (1st Award).  Likewise, his records do not contain a commander's disqualification statement for this award or any derogatory information that would have disqualified him from receiving this award. 

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the: 

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 continuous years of active service except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  The Global War on Terrorism Service Medal 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 Global War on Terrorism Service Medal.

	c.  The Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The AOE 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 635-5 (Personnel Separations - Separation Documents) 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 stated:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* 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 provides a travel voucher that shows he deployed from Fort Lee, VA, to Southwest Asia on 3 May 2002 and returned to Fort Lee, VA on 1 December 2002, a period of 7 months.  

	a.  His pay records confirm he received HF/IDP and CZTE for service in Afghanistan from 30 April 2002 to 3 December 2002.  These dates of service are consistent with the dates shown on his travel voucher and in item 18 of his DD Form 214.  

	b.  While his DD Form 214 listed his foreign service in item 12f, it listed a generic location (Southwest Asia) in item 18.  As a matter of clarity, item 18 of his DD Form 214 should be corrected to show he served in Afghanistan vice Southwest Asia from 12 April 2002 to 3 December 2002. 

2.  His service in Afghanistan from 12 April 2002 to 3 December 2002 qualifies him for award of the Afghanistan Campaign Medal with one bronze service star (to designate his campaign participation in the Consolidation I (1 December 2001-30 September 2006) campaign) and correction of his DD Form 214 to show this award.

3.  Permanent orders awarded him the Army Commendation Medal, which is not shown on his DD Form 214.  Additionally, he served during a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  He served honorably on active duty during the period 17 August 1999 through 20 December 2003.  He completed 4 years, 4 months, and 4 days of creditable active service with no lost time.  His record contains no derogatory information or any evidence that would have disqualified him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show it.

5.  With respect to his "deployment to the Pentagon," there is no evidence in his records (and he provides none) that shows he deployed to the Pentagon.  But even if he did, such service would not be counted as a deployment, combat service, or foreign service.  There is no provision to list such service on a member's 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 that the evidence presented was 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 17 August 1999 through 16 August 2002 
* adding to item 13 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (1st Award), Afghanistan Campaign Medal with one bronze service star, and Global War on Terrorism Service Medal
* deleting from item 18 of his DD Form 214 the entry "Service in Southwest Asia 20020413-20021203" and adding the entry "Service in Afghanistan 20020413-20021203"

2.  The Board further determined that 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 correction of his DD Form 214 to add his "deployment to the Pentagon." 




      _______ _   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)                                         AR20140001451





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ABCMR Record of Proceedings (cont)                                         AR20140001451



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