BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140002100 


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 service in Afghanistan and any awards associated with this service and the Army Commendation Medal.

2.  The applicant states his DD Form 214 shows no awards or overseas service time.  He would like his DD Form 214 corrected to show that he served in Afghanistan and was awarded the Army Commendation Medal.  He also believes he is entitled to other awards for this service.  He is not sure what caused the error or injustice, but he has proof of the award and the billet from his award showing that he served in combat.  He is trying to get his records corrected in order for his disability to be processed.  He talked to a few people and they told him to apply to the Board.

3.  The applicant provides copies of the following:

* DA Form 638 (Recommendation for Award) (front page)
* Army Commendation Medal certificate
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 2 March 2000 for 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 55B (ammunition specialist).  

3.  He provided copies of the following:

* DA Form 638 (front page), dated 28 March 2002, which recommended him for award of the Army Commendation Medal for meritorious achievement in support of Operation Enduring Freedom (OEF) from 26 October 2001 through 1 May 2002
* Certificate which awarded him the Army Commendation Medal for meritorious achievement in support of OEF from 26 October 2001 through 1 May 2002 by 
* Permanent Orders (PO) Number 135-09 on 15 May 2002

4.  On 18 April 2003, the applicant's company commander notified the applicant that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c, for a commission of a serious offense with issuance of a general discharge.  He advised the applicant that he was recommending his separation because he was absent without leave from 14 January 2003 until 23 February 2003.  

5.  On 18 April 2003, after consulting with counsel, the applicant acknowledged receipt of the contemplated action to separate him under the provisions of Army Regulation 635-200, paragraph 14-12c, and the rights available to him.  He also acknowledged that he might receive a general discharge.  He waived his rights and elected not to submit a statement in his own behalf.

6.  On 22 April 2003, the separation authority approved the applicant's discharge with the issuance of a general discharge.


7.  Accordingly, he was discharged in pay grade E-1 on 23 April 2003.  He was credited with completing 3 years and 10 days of net active service.  His DD Form 214 lists in:

* Item 12f (Foreign Service) – zero credit
* Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – None
* Item 18 (Remarks) – No service for Afghanistan

8.  On 27 May 2005, the Army Discharge Review Board (ADRB) upgraded his character of service to honorable and changed the narrative reason for his separation to "Secretarial Authority."  He was issued a corrected DD Form 214 which listed in:

* Item 12f (Foreign Service) – zero credit
* Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – None
* Item 18 (Remarks) – No service for Afghanistan

9.  On 27 February 2014, a staff member of the Defense Finance and Accounting Service verified the applicant received hostile fire and imminent danger pay for service in Uzbekistan from 18 November 2001 through 10 May 2002.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 12f – would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 13 – would list all awards for all periods of service
* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active duty, would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

11.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. 
   b.  Global War on Terrorism Service Medal is authorized for award to 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.
   
   c.  Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of Uzbekistan and other middle-east countries.

   d.  Army Service Ribbon is awarded upon successful completion of initial entry training.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Uzbekistan from 18 November 2001 through 10 May 2002, a period of 5 months and 22 days.  PO awarded him the Army Commendation Medal for meritorious achievement during this deployment.  He was discharged on 23 April 2003 under the provisions of Army Regulation 635-200, chapter 14, with a general discharge.  He was issued a DD Form 214 crediting him with zero foreign service, no awards, and no record of his deployment in item 18.

2.  On 27 May 2005, the ADRB upgraded his character of service to honorable and changed the narrative reason for his discharge.  He was issued a corrected DD Form 214 crediting him with zero foreign service, no awards, and no record of his deployment in item 18.

3.  He is entitled to credit for his foreign service and correction of his DD Form 214 to show his award of the Army Commendation Medal.  Additionally, in view of the forgoing and his completion of a qualifying period of service he is also entitled to award of the National Defense Service Medal, Army Service Ribbon, Global War on Terrorism Service Medal, and Global War on Terrorism Expeditionary Medal and their addition to his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show in:

* Item 12f – 5 months and 22 days
* Item 13 – the:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal

* Item 18 – "Service in Uzbekistan:  20011118–20020510"

4.  With regard to correction of his DD Form 214 to show he served in Afghanistan, there is no evidence of record and he provided none to show he served in Afghanistan during his period of active duty.  Therefore, there is insufficient evidence to correct this DD Form 214 to show he served in Afghanistan.

5.  If he has copies of orders or any documentation showing he served in Afghanistan, he may reapply to the Board.

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:

* deleting from item 12f of the applicant's DD Form 214 the entry, "0000-00-00" and replacing it with the entry, "0000-05-22"
* adding to this DD Form 214 the:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon

* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal

* adding to item 18 of this DD Form 214 the entry, "Service in Uzbekistan:  20011118-20020510"
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 show he served in Afghanistan.



      _______ _   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)                                         AR20140002100





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ABCMR Record of Proceedings (cont)                                         AR20140002100



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