IN THE CASE OF:	  

		BOARD DATE:	 9 December 2014 

		DOCKET NUMBER:  AR20140008026 


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 deployments to Afghanistan and Iraq.

2.  The applicant states he served in Afghanistan from 20 March to 21 June 2002 and Iraq from 20 February to 29 May 2003.

3.  The applicant provides:

* Orders 080-00020, dated 21 March 2002
* North Atlantic Treaty Organization (NATO) Travel Order, dated 21 March 2002
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 31 July 2002
* DA Form 7425 (Readiness and Deployment Checklist)

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.  On 30 June 1999, the applicant enlisted in the Regular Army.  On 30 June 2003, he was honorably released from active duty and credited with completing 
4 years and 1 day of active duty service.

3.  His DD Form 214 shows in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

* Item 18 (Remarks) no deployment entry

4.  His record is void of any evidence that shows he served in Iraq.

5.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion from 9 June 2002 to 29 May 2003 for overseas service in Afghanistan.

6.  Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal (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)
* Consolidation III (1 December 2009-30 June 2011)
* Transition I (1 July 2011-to be determined)

7.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant maintains he served in Afghanistan and Iraq, DFAS verified he received hostile fire pay/imminent danger pay and a combat zone tax exemption from 9 June 2002 to 29 May 2003 for overseas service in Afghanistan. There is no evidence and he did not provide any to show he served in Iraq. Therefore, it would be appropriate to correct item 18 of his DD Form 214 to show his period of service in Afghanistan, but not Iraq.

2.  His service in Afghanistan entitles him to the award of the ACM.  Additionally, he served in Afghanistan during the Consolidation I campaign.  Therefore, he is entitled to the award of the ACM with one bronze service star and correction of his DD Form 214 to show this award.

3.  He served on active duty on 11 September 2001 and for more than 30 days thereafter.  Therefore, he is entitled to award of the GWOTSM and correction of his DD Form 214 to show this award.

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 adding to:

a. item 13 of his DD Form 214 the:

* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal

   b.  item 18 of his DD Form 214 the entry "SERVICE IN AFGHANISTAN FROM 20020609 TO 20030529."
   
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 correcting his record to show foreign service in Iraq. 



      ____________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)                                         AR20140008026





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ABCMR Record of Proceedings (cont)                                         AR20140008026



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