IN THE CASE OF:	  

		BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20140018113 


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) for the period ending 28 July 2002 to show his overseas deployment to Afghanistan in support of Operation Enduring Freedom from 7 October 2001 to 7 January 2002.

2.  The applicant states he deployed to Afghanistan in support of Operation Enduring Freedom with Company A, 3d Battalion, 75th Ranger Regiment, from 7 October 2001 to 7 January 2002.  His DD Form 214 shows his award of the Combat Infantryman Badge from this deployment.

3.  The applicant provides:

* DD Form 214 for the period ending 28 July 2002
* extract of Headquarters, 3d Battalion, 75th Ranger Regiment, Permanent Orders 100-375, dated 10 April 2002
* Coalition Forces Land Component Command/U.S. Army Forces Central Command Permanent Orders 130-005, dated 10 May 2002

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's complete military records are not available for review.  However, his available records show he enlisted in the Regular Army on 29 July 1998.

3.  Headquarters, 3d Battalion, 75th Ranger Regiment, Permanent Orders 
100-375, dated 10 April 2002, announced award of the shoulder sleeve insignia-former wartime service to 3d Battalion, 75th Ranger Regiment, personnel assigned during the period 7 October 2001 to 7 January 2002.

4.  Coalition Forces Land Component Command/U.S. Army Forces Central Command, Army Post Office, Army Europe  09304 (Afghanistan), Permanent Orders 130-005, dated 10 May 2002, awarded him the Combat Infantryman Badge for satisfactory performance of duty while under hostile fire from 15 September 2001 to 15 December 2001.

5.  He was released from active duty on 28 July 2002.  He completed 4 years of net active service during this period.

6.  His DD Form 214 shows he was awarded or authorized the:

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge
* Ranger Tab
* Bronze German Armed Forces Parachutist Badge

7.  Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service credit.

8.  Item 18 (Remarks) of his DD Form 214 does not show any deployed service.

9.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in the Persian Gulf from 6 October 2001 to 4 January 2002.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Afghanistan Campaign Medal is awarded to members of the Armed Forces of the United States who served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns include:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who 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 serving on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the Global War on Terrorism Service Medal.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 28 July 2002 should be corrected to show his overseas deployment to Afghanistan in support of Operation Enduring Freedom from 7 October 2001 to 7 January 2002.

2.  Coalition Forces Land Component Command/U.S. Army Forces Central Command, Permanent Orders 130-005, awarding him the CIB for the period 15 September 2001 to 15 December 2001 combined with DFAS records showing he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in the Persian Gulf from 6 October 2001 to 4 January 2002 are sufficient to correct his DD Form 214 to show his deployed service in Afghanistan from 6 October 2001 to 4 January 2002 at a minimum, a period of 2 months and 29 days.

3.  As a related issue, his service in Afghanistan qualifies him for award of the Afghanistan Campaign Medal with two bronze service stars.  This campaign medal should be added to his DD Form 214.

4.  Further, his service in support of 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 qualifies him for award of the Global War on Terrorism Service Medal.  This service medal should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  adding the entry "0000  02  29" to item 12f of his DD Form 214 for the period ending 28 July 2002,

	b.  adding award of the Afghanistan Campaign Medal with two bronze service stars and Global War on Terrorism Service Medal to his DD Form 214 for the period ending 28 July 2002, and

	c. adding the following entry to item 18 of his DD Form 214 for the period ending 28 July 2002:  "SERVICE IN AFGHANISTAN FROM 20011006-20020104."

2.  The Board further determined 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 showing his dates of foreign service as 7 October 2001 to 7 January 2002.



      ____________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)                                         AR20140018113



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018113



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1