IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140015581 


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 in:

* Item 12f (Foreign Service) - the appropriate foreign service credit
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - all authorized service medals he is entitled to including the:

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

2.  The applicant states these medals were issued, but he never received them and these medals and foreign service are not reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army (RA) on 12 August 1998.  He was awarded military occupational specialty 11B (infantryman).  He reenlisted in the RA on 3 October 2000.  

3.  He was honorably discharged in pay grade E-4 on 1 July 2003, by reason of disability, with entitlement to severance pay.  He was credited with completing 4 years, 10 months, and 20 days of active service.  His DD Form 214 lists in:

* Item 12f - zero credit
* Item 13 - the:

* Drivers Badge
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Combat Infantryman Badge
* Army Lapel Button

* Item 18 (Remarks) - Service in Afghanistan 20011007-20020406

4.  Section VIII (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record - Part II) lists the same awards as listed on his DD Form 214 and the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 12f - would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 13 - would list all awards for all periods of service


* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active duty, would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

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

   a.  The Afghanistan Campaign Medal is authorized for individuals who served in direct support of Operation Enduring Freedom (OEF) on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  Under no condition will personnel or units receive the Afghanistan Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period or service.  Campaign participation during his period of service in Afghanistan included:

* Liberation of Afghanistan – 11 September 2001 through 30 November 2001
* Consolidation I – 1 December 2001 through 30 September 2006

   b.  The Global War on Terrorism Expeditionary Medal is awarded to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September, 2001 to a date to be determined for 30 consecutive days or 60 nonconsecutive days in the area of eligibility in direct support of OEF. 

   c.  The Global War on Terrorism Service Medal is authorized for award to all Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days.

   d.  A bronze service star is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal for one or more days of participation in each designated campaign.  


DISCUSSION AND CONCLUSIONS:

1.  With regard to item12f of the applicant's DD Form 214, the evidence shows he served in Afghanistan from 7 October 2001 through 6 April 2002, a period of 6 months.  Therefore, item 12f of his DD Form 214 should be corrected to show this foreign service credit.

2.  With regard to the Afghanistan Campaign Medal with one bronze service star, he completed a qualifying period of service for award of this medal with two bronze service stars.  Therefore, item 13 of his DD Form 214 should be corrected to show these awards.

3.  With regard of the Global War on Terrorism Service Medal, he completed a qualifying period of service for this award.  Therefore, his DD Form 214 should be corrected to show this award.

4.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars during his period of service.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  With regard to the Global War on Terrorism Expeditionary Medal:

   a.  By regulation, service members qualified for the Global War on Terrorism Expeditionary Medal in an area for which the Afghanistan Campaign Medal was subsequently authorized, upon application, may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service. 

   b.  Also, by regulation, under no condition will personnel or units receive the Afghanistan Campaign Medal and Global War on Terrorism Expeditionary Medal for the same action, time period or service. 

   c.  Based on his request for and award of the Afghanistan Campaign Medal with two bronze service stars, he is not entitled to award of the Global War on Terrorism Expeditionary Medal.

   d.  In view of the foregoing, he is entitled to have his records corrected as shown below.  




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 from item 12f of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-06-00"
* adding to item 13 of this DD Form 214 the:

* Afghanistan Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars

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 award of the Global War on Terrorism Expeditionary Medal and its addition to his DD Form 214.




      _______ _   __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)                                         AR20140015581





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ABCMR Record of Proceedings (cont)                                         AR20140015581



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