IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140013960 


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 foreign service in Afghanistan.

2.  The applicant states he served in Afghanistan from December 2002 to August 2003 and it is not shown on his DD Form 214.  The error was made at the time of his discharge due to no fault of his own.

3.  The applicant provides orders and a form titled Service Member Deployment History.

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.  Having had prior Reserve service, the applicant enlisted in the Regular Army on 31 March 1998.  He attained the rank/grade of sergeant (SGT)/E-5 on 9 July 1998.  He was assigned to the 40th Transportation Company, 44th Corps Support Battalion (CSB), 593rd Corps Support Group (CSG), Fort Lewis, WA.  

3.  His record contains:

* Permanent Orders (PO) 048-001, dated 19 February 1999, issued by Headquarters (HQ), 44th CSB, awarding him the Army Achievement Medal (1st Award) for the period 30 September to 10 October 1998
* PO 325-1, dated 20 November 2000, issued by HQ, 593rd CSB, awarding him the Army Commendation Medal (1st Award)

4.  On 30 November 2000, he was assigned to the 782nd Maintenance Support Battalion (MSB), 82nd Airborne Division, Fort Bragg, NC.  He served in Afghanistan from 7 December 2002 to 11 August 2003 while assigned to the Logistics Task Force (LTF) 307 and attached to the TF Devil, 1st Brigade, 82nd Airborne Division.

5.  His record contains:

* PO 173-21, dated 22 June 2001, issued by the 82nd Soldier Support Battalion, 82nd Airborne Division, awarding him the Army Good Conduct Medal (1st Award)
* PO 155-09, issued by the HQ, 782nd MSB, awarding him the Army Achievement Medal (2nd Award) for the period 26 November 2001 to 2 February 2002
* PO 289-08, issued by the HQ, 782nd MSB, awarding him the Army Achievement Medal (3rd Award) for the period 2 to 29 September 2002
* PO 344-04, issued by HQ, 1st Brigade, 82nd Airborne, awarding him the Army Commendation Medal (2nd Award) for the period 1 December 2000 to 15 December 2003
* PO 22-8, dated 22 January 2003, issued by HQ and A Company, LTF 307, Afghanistan, awarding him the Army Good Conduct Medal (2nd Award)
* PO 120-68, dated 22 May 2003, issued by HQ, 1st Brigade, 504th Parachute Infantry Regiment, Afghanistan, awarding him the Army Commendation Medal (3rd Award) for the period 7 December 2002 to 7 July 2003.

6.  He was honorably discharged on 25 January 2004 in the rank of SGT.

7.  Item 12f (Foreign Service) of the DD Form 214 he was issued contains the entry "0000-00-00."

8. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

9.  Item 18 (Remarks) of his DD Form 214 does not contain an entry showing he deployed to Afghanistan.

10.  On 5 September 2014, the Defense Finance and Accounting Service (DFAS) verified the applicant received HF/IDP for service in Afghanistan from 7 December 2002 to 11 August 2003 (8 months and 5 days).

11.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom.  The period of eligibility is on or after 11 September 2001 to a date to be determined.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his records shows during his service in Afghanistan he participated in one campaign.

	b.  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 the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days are authorized the Global War on Terrorism Service Medal.

12.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states in item 12f of the DD Form 214 enter the total amount of foreign service completed during the period covered by the DD Form 214.  For an active duty Soldier deployed to a foreign country, enter in item 18 the entry "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.   DFAS confirmed the applicant served in Afghanistan from 7 December 2002 to 11 August 2003, a period of 8 months and 5 days.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

2.  PO awarded him the Army Good Conduct Medal (2nd Award), Army Commendation Medal (3rd Award), and the Army Achievement Medal (3rd Award), and he served during a qualifying period for entitlement to the Global War on Terrorism Service Medal, none of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

3.  He served in Afghanistan during a qualifying period for award of the Afghanistan Campaign Medal and during this service he participated in one campaign.  Therefore, he is entitled to correction of his DD Form 214 to show the Afghanistan Campaign Medal with 1 bronze service star.

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 amending his DD Form 214 by:

* deleting the current entry from item 12f and replacing it with the entry "0000-08-05"
* adding to item 13 the:

* Army Good Conduct Medal (2nd Award)
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (3rd Award)
* Afghanistan Campaign Medal with 1 bronze service star
* Global War on Terrorism Service Medal

* adding to item 18 the entry "SERVICE IN AFGHANISTAN FROM 20021207-20030811"



      ____________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)                                         AR20140013960





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ABCMR Record of Proceedings (cont)                                         AR20140013960



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