IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140017183
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 the Afghanistan Campaign Medal with two campaign stars (properly known as bronze service stars) vice Afghanistan Campaign Medal with one bronze service star.
2. The applicant states he should have received an additional bronze service star for wear with his Afghanistan Campaign Medal per Military Personnel (MILPPER) Message 11-208.
3. The applicant provides his DD Form 214 and a page titled Afghanistan Campaign Medal - Campaign Stars.
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 was serving as a member of the Massachusetts Army National Guard (MAARNG) in the rank/grade private first class/E-3 when he was ordered to active duty as a member of his ARNG unit in support of Operation Enduring Freedom (OEF). He entered active duty on 31 July 2010. He was promoted to the rank/grade of specialist (SPC)/E-4 on 20 November 2010.
3. He served in Afghanistan from 21 October 2010 to 17 July 2011 while assigned to Company C, 1st Battalion, 181st Infantry Regiment.
4. He was honorably released from active duty on 21 August 2011 in the rank of SPC to the control of the MAARNG.
5. The DD Form 214 he was issued for this period of service, in part, shows award of the Afghanistan Campaign Medal with campaign star (i.e. one bronze service star). It does not show any unit awards. Item 18 (Remarks) of his DD Form 214 contains an entry that states he served in Afghanistan from 21 October 2010 to 17 July 2011.
6. Army Regulation 600-8-22 (Military Awards) states the Afghanistan Campaign Medal is awarded to members who have served in direct support of 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 date to be determined by the Secretary of Defense. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated Afghanistan campaigns, in part, are Consolidation III (1 December 2009 to 30 June 2011) and Transition I (1 July 2011 to a date to be determined).
7. A review of the U.S. Army Human Resources Command website shows Company C, 1st Battalion, 181st Infantry, was cited for award of the Meritorious Unit Commendation for the period 24 October 2010 through 15 July 2011 by Department of the Army Permanent Orders (PO) 326-26, dated 22 November 2011.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Afghanistan during a qualifying period for award of two bronze service stars for wear on his already-awarded Afghanistan Campaign Medal. Therefore, he is entitled to correction of his DD Form 214 accordingly.
2. PO awarded his unit the Meritorious Unit Award during his period of service in the unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 campaign star
* adding the Afghanistan Campaign Medal with two bronze service stars and the Meritorious Unit Commendation
_______ _ 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) AR20140017183
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ABCMR Record of Proceedings (cont) AR20140017183
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