IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016236
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his award of the Army Commendation Medal (ARCOM), any other awards he is entitled to receive, and his second deployment to Afghanistan.
2. The applicant states that he was awarded the ARCOM and he deployed to Afghanistan in support of Operation Enduring Freedom during the 2012 2013 timeframe and this is not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and an ARCOM Certificate containing his orders number.
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 enlisted in the Regular Army on 16 October 2008 for a period of 3 years and 22 weeks and training as a motor transport operator. He completed one-station unit training at Fort Leonard Wood, Missouri and he was transferred to Italy for his first and only assignment.
3. He deployed to Afghanistan during the period 20091202 20101202 and 20120707 20121011 and was awarded the ARCOM in Permanent Orders Number 022-020, issued by Headquarters, 173rd Airborne Brigade Combat Team. He was also awarded the Afghanistan Campaign Medal with two bronze service stars.
4. On 5 April 2013, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c (2) due to misconduct (drug abuse). His DD Form 214 issued at the time of his discharge reflects his first deployment (20091202 20101202) but not his second, and does not reflect his award of the ARCOM.
5. Army Regulation 635-5 (Separation Documents), in effect 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 established standardized policy for preparation of the DD Form 214 and provides all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f and for item 18 for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
6. Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal 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-date to be determined)
DISCUSSION AND CONCLUSIONS:
1. The applicant deployed to Afghanistan during the period 20120707 20121011 and is entitled to have that deployment reflected on his DD Form 214.
2. However, he served in three campaigns in Afghanistan and is entitled to wear one additional bronze service star on his Afghanistan Campaign Medal and to have it added to his DD Form 214.
3. Additionally, he was awarded the ARCOM and is entitled to have it added to his DD Form 214.
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 Afghanistan Campaign Medal with two campaign stars from item 13
* adding the Afghanistan Campaign Medal with three bronze service stars and the ARCOM to item 13
* adding the entry Service in Afghanistan 20120707 20121011 to
item 18
___________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) AR20140016236
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ABCMR Record of Proceedings (cont) AR20140016236
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