IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002107
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 the Afghanistan Campaign Medal instead of the American Campaign Medal.
2. The applicant states:
* he was awarded the American Campaign Medal, but he was not alive during World War II
* he should be awarded the Afghanistan Campaign Medal for his service in Afghanistan during 2002
* he believes the incorrect "ACM" was selected from a drop down menu during preparation of his DD Form 214
3. The applicant provides:
* Statement of Wartime Service
* 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 was born on 9 September 1970. He enlisted in the Regular Army on 10 March 1998 and trained as an armament/electronic/avionic systems repairer. He served in Afghanistan from 5 August 2002 to 22 November 2002. On 30 June 2005, he was honorably discharged from active duty by reason of physical disability (severance pay).
3. His DD Form 214 shows he was awarded or authorized in part the American Campaign Medal but not the Afghanistan Campaign Medal.
4. Army Regulation 600-8-22 (Military Awards) states the American Campaign Medal is awarded for qualifying service in the American Theater between
7 December 1941 and 2 March 1946.
5. 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)
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to remove the American Campaign Medal from his
DD Form 214 has merit. Since he did not serve a period of qualifying service in the American Theater between 7 December 1941 and 2 March 1946, it would be appropriate to remove this medal from his DD Form 214.
2. Based on his service in Afghanistan and participation in one campaign, he is entitled to the Afghanistan Campaign Medal with one bronze service star. Therefore, his DD Form 214 should be corrected 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. removing the American Campaign Medal from his DD Form 214; and
b. adding the Afghanistan Campaign Medal with one bronze service star to his DD Form 214.
_______ _ ___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) AR20140002107
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