IN THE CASE OF:  	  

		BOARD DATE:  20 January 2015	  

		DOCKET NUMBER:  AR20140008123 


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 and his correct awards.

2.  The applicant states he deployed to Afghanistan twice and has been authorized two Army Commendation Medals, six army Achievement Medals and the Army Good Conduct Medal.  The Army has authorized medals for Operation Enduring Freedom since he left active duty.

3.  The applicant provides copies of – 

* Service Member Deployment History Out-processing Verification
* Memorandum for Record (MFR)–Statement of Wartime Service
* Temporary Change of Station (TCS) Orders, dated 9 December 2002
* NATO Travel Orders
* TCS orders, dated 25 June 2002
* Certificate for two  Army Commendation Medals (ARCOM)
* Certificate for six Army Achievement Medals (AAM)
* Certificate for the Army Good Conduct Medal (AGCM)

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 served in the Regular Army for just over 9 years.  He was an infantryman for the first four and a half years and a helicopter electrical systems repairer for the second four and a half years.  On 2 May 2004, he was honorably discharged as a sergeant, pay grade E-5.

3.  His Interactive Personnel Electronic Records Management System (iPERMS) record contains orders/certificates with orders numbers for – 

* AGCM (1st Award), 16 February 1995 – 15 February 1998
* AGCM (2nd Award), 16 February 1998– 15 February 2001
* ARCOM for meritorious service, 4 August 15 December 2002
* ARCOM for meritorious service, 20 January 2003 – 20 July 2003
* AAM for exceptional service, 1 March to 1 June 1966
 
4.  His DD Form 214 shows at: 

	a.  item 13 (Decorations, Medals, etc.) his authorized awards are the Army Achievement Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge; and 

	b  item 18 (Remarks) does not show his deployments

5.  In support of his request, the applicant submitted award certificates with orders numbers that are not included in those listed above, including – 

* ARCOM for meritorious service, 11 May 1998 
* AAM exceptional service 16 September 2000 -31 March 2001
* AAM exceptional service, 18 June 1996
* AAM exceptional service, 13 October-19 October 1999



* AAM  exceptional service, 10 June 25 July 1997
* AAM exceptional service 29 January 1998

6.  The Defense Finance and Accounting Service (DFAS) reports the applicant received Hostile Fire/Imminent Danger Pay in Afghanistan from 3 August 2002 through 17 December 2002 and from 20 January 2003 through 17 August 2003

7.  Army Regulation 600-8-22 (Military Awards) sets for the criteria for military awards including the:

	a.  the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Each 3 year period of continuous enlisted active Federal military service completed on or after 27 August 1940 qualifies for award of the AGCM;

	b.  Global war on Terrorism Expeditionary Medal which was authorized on 12 March 2003.  It is awarded to service members who must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of operations (AOE), or meet one of the following criteria:  (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; (2) is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom to qualify for award of the GWOTEM.  The GWOTEM may be awarded posthumously.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded. 

	c.  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 of eligibility (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 GWOTSM.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 

	d.  Afghanistan Campaign Medal was authorized 28 May 2004.  It 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 include Liberation of Afghanistan (11 September 2001-30 November 2001) and Consolidation I (1 December 2001-30 September 2006).

8.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states: item 18 is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries.  For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his Foreign Service and all his authorized awards be shown on his DD Form 214.

2.  The applicant received AGCMs for a 3 year period ending 15 February 1998 and 2001.  Subsequently he served another 3 year period ending on 15 February 2004.  During that period he successfully served as a sergeant, twice deployed to Afghanistan, was awarded three and received three personal decorations and there is no discreditable information of record.  Clearly he distinguish himself by his conduct, efficiency, and fidelity and should be awarded the AGCM (3rd Award) for the period from 16 February 2001 through 15 February 2004 

3.  The evidence of record shows he was awarded three ARCOMs and six AAMs.


4.  He served in Afghanistan from 20 January 3003 through 17 August 2003 a period for which the Afghanistan Campaign Medal with a bronze service star for the Consolidation 1 Campaign was authorized. 

5  The applicant deployed to Afghanistan from 3 August 2002 through 17 December 2002, a period for which the Global War on Terrorism Expeditionary Medal was authorized.

6.  He served on active duty during a period for which the Global War on Terrorism service Medal is authorized.

7.  The applicants DD Form 214 should be corrected to properly show the above awards and to show his two deployments in item 18 (Remarks)

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

	a.  awarding him the Army Good Conduct Medal (3rd Award) for the period 16 February 2001 through 15 February 2004;

	b.  deleting Army Achievement Medal (2nd Award) from his DD Form 214  

	c.  adding to the awards already listed on the DD Form 214 the Army Commendation Medal (3rd Award), Army Achievement Medal (6th Award), Army Good Conduct Medal (3rd Award), Afghanistan Campaign Medal with one bronze service star, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal; and 


	d.  adding to item 18 of his DD Form 214, "SERVICE IN AFGHANISTAN  FROM 20020803-20021217 and  20030120-20030817."




      _______ _   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)                                         AR20140008123





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ABCMR Record of Proceedings (cont)                                         AR20140008123



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