IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002758
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 Afghanistan.
2. He states he deployed to Afghanistan on 12 February 2004 from the "725th MSB" (725th Combat Support Battalion), 25th Infantry Division in support of Operation Enduring Freedom (OEF). He does not know the date of his return.
3. The applicant provides his 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 enlisted in the Regular Army on 30 April 2003.
3. He was discharged on 8 December 2004 after completing 1 year, 7 months, and 9 days of net active service. He was stationed at Schofield Barracks, Hawaii at the time of his discharge. This form further shows the following entries:
a. item 12f (Foreign Service) - "0001 01 10";
b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
c. item 18 (Remarks) does not list service in a designated hostile fire/imminent danger pay (HF/IDP) area.
4. The Defense Finance and Accounting Service (DFAS) confirmed he received HFP/IDP and combat zone tax exclusion (CZTE) for service in Afghanistan from 14 February 2004 to 22 July 2004.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the Afghanistan Campaign Medal (ACM) is awarded to members who have served in direct support of 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 24 October 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-date to be determined)
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. Item 12f is obtained from the Enlisted Records Brief and shows the total amount of foreign service completed during the period covered by the DD Form 214. Additionally, 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 Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)" is entered in item 18.
DISCUSSION AND CONCLUSIONS:
DFAS confirms he received HF/IDP and CZTE for Afghanistan during the period 14 February 2004 through 22 July 2004. Therefore, it would be appropriate to amend his DD Form 214 by adding the entry "Service in Afghanistan 20040214 20040722" to item 18 and the ACM with one bronze service star to item 13. He was stationed in Hawaii at the time of his discharge; therefore, item 12f correctly encompasses the total amount of his foreign service.
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 amending his DD Form 214 by adding to item 13 the ACM with one bronze service star to item 13 and adding to item 18 the entry "Service in Afghanistan 20040214-20040722."
____________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) AR20140002758
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