IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006604
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 that his DD Form 214 be corrected to show his service in Afghanistan and award of the Afghanistan Campaign Medal (ACM).
2. The applicant states he served in Afghanistan during the period 20031101 20040630; however, that service is not reflected on his DD Form 214 and he should have been awarded the ACM.
3. The applicant provides copies of his DD Form 214, Post-Deployment Health Assessment and documents related to his Physical Evaluation Board (PEB).
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 5 November 2002.
3. The Post-Deployment Health Assessment he provides shows he deployed to Afghanistan during the period 20031117 20040626, a period of 7 months and 10 days of foreign service.
4. On 9 September 2005, he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), due to disability with severance pay. As of the date of his discharge, he was credited with completing 2 years, 10 months and 5 days of active service. His DD Form 214 issued at the time of his discharge shows he was awarded the National Defense Service Medal, Army Service Ribbon, Parachutist Badge, and Global War on Terrorism Service Medal. It shows no foreign service or indication of his deployment.
5. Army Regulation 600-8-22 (Military Awards) states the ACM 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)
6. Army Regulation 635-5 at the time served as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Afghanistan during the period 20031117 20040626, a period of 7 months and 10 days of foreign and is entitled to have that deployment reflected on his DD Form 214.
2. He also served during a qualifying period for award of the ACM with one bronze service star and is entitled to have that award added to his DD Form 214 as well.
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 the entry "0000 00 00" from item 12f of his DD Form 214
* Adding the entry "0000 07 10" to item 12f of his DD Form 214
* Adding the award of the ACM with one bronze service star to item 13 of his DD Form 214
* Adding the entry "Service in Afghanistan from 20031117 20040626" to item 18 of his DD Form 214
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 showing he served in Afghanistan from 1 November 2003 30 June 2004.
_______ _ _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) AR20140006604
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