IN THE CASE OF:	   

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140002297 


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) ending on 2 January 2003 to show:

* His service in Afghanistan from 14 March through 17 September 2002
* Combat Action Badge
* Joint Service Commendation Medal
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Kentucky Service Ribbon
* "Special Forces Insignia" Combat Patch
* Expert Marksmanship Qualification Badge
* His last duty assignment and major command as the 3rd Special Forces Group (A)
* His completion of the Basic Spanish Course, Defense Language Institute, Foreign Language Center (DLIFLC)

2.  The applicant states:

* He did not notice the clerical error concerning his dates of service in Afghanistan until after he signed his DD Form 214
* He submitted a written request in 2005 to correct the error, but received no response
* Since then he has become a prosecuting attorney in Kentucky
* A former comrade, who is currently on active duty, told him he was submitting an award recommendation for a Bronze Star Medal for his actions in Afghanistan
* He does not know why his awards and education were omitted from his DD Form 214

3.  The applicant provides:

* Self-authored letter to the Army Review Boards Agency dated 20 January 2014
* Permanent Orders SC-0170 dated 8 August 2003
* Joint Service Commendation Medal Certificate dated 6 August 2003
* Defense Finance and Accounting Service (DFAS) Military Leave and Earning Statement dated 15 July 2002
* Travel Voucher or Subvoucher dated 8 October 2002
* Orders 3DSFG 03-046 dated 11 March 2002
* DD Form 214 for the period ending 21 July 2000 (two copies)
* DD Form 214 for the period ending 2 January 2003
* Bronze Star Medal Narrative/Recommendation (three pages)
* DA Form 4187 (Personnel Action) dated 31 October 2005
* DLIFLC Certificate dated 24 February 2000
* DA Form 2-1 (Personnel Qualification Record – Part II (two pages)
* Affidavit dated 22 January 2014
* Memorandum for Record with attachment – Subject: Shoulder Sleeve Insignia for Former Wartime Service dated 3 June 2002

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 provides a DA Form 4187 showing he was recommended for award of the Combat Action Badge.  The DA Form 4187 also shows that the recommendation "is approved."  However, a review of the available records failed to reveal orders awarding him the Combat Action Badge.

	a.  The ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.  

	b.  Requests for retroactive award of the Combat Action Badge must be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Because the applicant does not have a military status, he may submit his request by letter.  All requests must contain:

* assignment, attachment, or operational control orders
* a copy of his Enlisted Record Brief or Personnel Qualification Record
* a copy of the chain of command endorsement
* a one-page narrative description of the qualifying incident
* a certified copy of the DD Form 214
* other supporting documentation 

	c.  Accordingly, this portion of the applicant's request will not be discussed any further in these proceedings.

3.  The applicant enlisted in the Kentucky Army National Guard (KYARNG) on 6 May 1998.  He was ordered to active duty for training on 2 August 1999 and he completed training as a voice interceptor, in Spanish, on 29 June 2000.

4.  On 21 July 2000 the applicant was released from active duty (REFRAD) upon completion of his required active service.  His DD Form 214 for this period of service shows:

	a.  in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the following awards:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Parachutist Badge

	b.  in Item 14 (Military Education): completion of a 25-week voice interpreter course in 2000.


5.  On 3 January 2002, the applicant was ordered to active duty in support of Operation Noble Eagle and Operation Enduring Freedom (OEF).  He arrived in Afghanistan on 14 March 2002.  He departed Afghanistan en-route to the United States on 17 September 2002.

6.  Records at DFAS show the applicant received hostile fire/imminent danger pay for service in Afghanistan from 1 March through 30 September 2002.

7.  The applicant completed his required active service and was released on 
2 January 2003.  His DD Form 214 for this period of service shows:

	a.  in Item 8.a (Last Duty Assignment and Major Command): "USAJFKSWCS (SF Q CRS) SF"

	b.  in Item 13:

* Army Achievement Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Armed Forces Reserve Medal "And Mobilization"
* Army Service Ribbon
* Parachutist Badge

	c.  in Item 14: "None;" and

	d.  in Item 18 (Remarks): "SERVICE IN AFGHANISTAN 020914 – 020917."

8.  Permanent Orders SC-0170, dated 8 August 2003 announced the applicant's award of the Joint Service Commendation Medal for meritorious achievement from 13 March to 15 September 2002.

9.  The applicant also provides two narratives and a recommendation for award of the Bronze Star Medal.  There are no orders in his official record awarding him the Bronze Star Medal.

10.  Army Regulation 635-5 (Separation Documents), as then in effect, 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 the preparation of the DD Form 214.  It stated that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It stated:

	a.  The last unit of assignment, major command with the corresponding two character assignment code per Army Regulation 680-29, paragraph 2-4, will be entered in item 8a.

	b.  In item 13 – Enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service in item 13.  Do not enter State awards and decorations on DD Form 214.

	c.  From the Enlisted Record Brief list in-service (full-time attendance) training courses successfully completed during the period of service covered by the 
DD Form 214 in item 14.

	d.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18 on the DD Form 214.

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

	a.  The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.

	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 AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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 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 included the Consolidation I from 1 December 2001 to 30 September 2006.  Only one award of this medal may be authorized for any individual, and under no condition will personnel or units receive both the Afghanistan Campaign Medal and the GWOTEM for the same action, time period, or service.

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence clearly shows that the applicant was deployed to Afghanistan from 14 March to 17 September 2002.  His DD Form 214 for the period ending on 2 January 2003 should be corrected to show these dates of service in Afghanistan.

3.  The available evidence shows the applicant is authorized the following awards which should be shown on his DD Form 214 for the period ending on 2 January 2003:

* Joint Service Commendation Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bar

4.  The applicant has requested that his service in Afghanistan be recorded on his DD Form 214.  In order to fully recognize this service, his DD Form 214 will also be corrected to add the Afghanistan Campaign Medal with one bronze service star.  However, no Soldier may be authorized both this medal and the GWOTEM for the same period of service.  Therefore, that portion of his request asking for the GWOTEM should be denied.
5.  There are no provisions for including shoulder sleeve insignia ("Special Forces Insignia" Combat Patch) or state awards on the DD Form 214.  Therefore, these two portions of his request should be denied.

6.  The applicant departed Afghanistan on 17 September 2002.  His records are unclear as to his assignment between his return from Afghanistan and his release from active duty on 2 January 2003.  It is quite possible that he was at the "USAJFKSWCS (SF Q CRS) SF" which is located at Fort Bragg, North Carolina.  Without clear and convincing evidence of an error, there is no basis for changing the last duty assignment and major command as shown on his 
DD Form 214.

7.  The applicant completed the DLIFLC Basic Spanish Language Course as a part of his overall training as a voice interceptor on 24 February 2000.  Accordingly, his DD Form 214 ending in 2000 properly shows completion of this 25 week training program.  Therefore, this portion of his request should be denied.

8.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 amending his DD Form 214 ending on 2 January 2003 to add the following:

	a.  In item 13:

* Joint Service Commendation Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars

	b.  In item 18:

* delete the entry "SERVICE IN AFGHANISTAN 020914-020917"
* add the entry "SERVICE IN AFGHANISTAN FROM 20020314-20020917"

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 amending his two DD Forms 214 concerning the following issues:

* Global War on Terrorism Expeditionary Medal
* Kentucky Service Ribbon
* "Special Forces Insignia" Combat Patch
* Last Duty Assignment and Major Command
* Military Education in 2000




      _______ _   _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)                                         AR20140002297



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ABCMR Record of Proceedings (cont)                                         AR20140002297



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