IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140003896
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 award of the Afghanistan Campaign Medal with three bronze service stars.
2. The applicant states he served in Afghanistan through three campaign periods and left before Consolidation III was added as a campaign.
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 (RA) on 18 February 2004.
3. On 17 May 2010, he was honorably released from active duty after completing 6 years and 3 months of active service. The DD Form 214 he was issued shows in:
a. item 13 (Decorations, Medals, Badge, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the Army Commendation Medal (2nd Award), Army Achievement Medal, Joint Meritorious Unit Award, National Defense Service Medal, Army Good Conduct Medal (2nd Award), Afghanistan Campaign Medal with two bronze service stars, Global War on Terrorism Service Medal, Overseas Service Ribbon (2nd award), NATO Medal, Combat Infantryman Badge, Expert Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar.
b. item 18 (Remarks) the entries SERVICE IN AFGHANISTAN from 20060205 - 20070525 and 20090104 - 20091231.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The ACM is awarded to members who have served in direct support of Operation Enduring Freedom. The area of eligibility encompasses all the land area of the country of Afghanistan, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Afghanistan and above the contiguous water area out to 12 nautical miles. The ACM period of eligibility is on or after
11 September 2001 through a date to determined. A bronze service star is authorized for wear with this medal for participation in each credited campaign. His record shows he participated in the following three campaigns:
* Consolidation I (1 December 2001 to 30 September 2006)
* Consolidation II (1 October 2006 to 30 November 2009)
* Consolidation III (1 December 2009 to 30 June 2011)
DISCUSSION AND CONCLUSION
The available evidence shows he completed a qualifying period of service for award of the ACM with three bronze service stars. Therefore, his DD Form 214 should be corrected to show the ACM with three bronze service stars to denote his campaign participation.
BOARD VOTE:
____x___ ____x____ ____x__ GRANT FULL RELIEF
________ ________ ______ GRANT PARTIAL RELIEF
________ ________ ______ GRANT FORMAL HEARING
________ ________ ______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. deleting from item 13 of his DD Form 214 the Afghanistan Campaign Medal with two bronze service stars; and
b. adding to item 13 of his DD Form 214 the Afghanistan Campaign Medal with three bronze service stars.
____________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) AR20140003896
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ABCMR Record of Proceedings (cont) AR20140003896
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