BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012301
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 (ACM) and Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states his DD Form 214 does not include the above awards.
3. The applicant provides no additional documentation.
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 25 January 2001, the applicant enlisted in the Regular Army.
3. Records show the applicant attended one station unit training at Fort Benning, Georgia where he completed advanced individual training in MOS 11B (Infantryman) and in MOS 11C (Indirect Fire Infantryman).
4. On 24 January 2003, the applicant was released from active duty (REFRAD) due to completion of required active service and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows:
a. in the remarks block he served in Afghanistan from 14 March to 17 August 2002;
b. he was REFRAD from Fort Campbell, Kentucky; and
b. his awards included:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Combat Infantryman Badge
* Air Assault Badge
5. Army Regulation 600-8-22 (Military Awards) states:
a. The GWOTSM 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 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 non-consecutive days are authorized the GWOTSM.
b. 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 include Consolidation I from 1 December 2001-30 September 2006.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the ACM and GWOTSM for his active duty service and deployment to Afghanistan.
2. The available evidence clearly shows the applicant served during qualifying periods and in qualifying locations for award of the GWOTSM and ACM. Therefore, his DD Form 214 should be corrected to reflect these two service medals.
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 showing, in addition to the awards already shown on his DD Form 214, that he was awarded the:
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with one bronze service star
_________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) AR20140012301
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ABCMR Record of Proceedings (cont) AR20140012301
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