IN THE CASE OF:	  

		BOARD DATE:	    9 July 2015

		DOCKET NUMBER:  AR20140019538 


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 service in Afghanistan for the period 27 May to 1 December 2010, as well as all decorations and awards he earned.

2.  The applicant states he served in Afghanistan for the period 27 May to           1 December 2010.

3.  The applicant provides:

* Orders 113-31
* a memorandum
* 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 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 appointed as a Reserve commissioned officer in the Army of the United States in the rank/grade of captain/O-3 on 12 June 1998.

3.  Evidence shows he entered active duty on 13 June 1998.  He served in Korea from on or about 16 July 1999 to 13 June 2000 as shown by Permanent Order 151-4 issued on 30 May 2000 by the Division Support Command, 2nd Infantry Division.  He served in Iraq for the period 17 June 2007 to 17 January 2008 as recorded on his DD Form 214.

4.  On 1 July 2011, he was honorably discharged in the rank/grade of lieutenant colonel/O-5.  He completed 13 years and 19 days of net active service during this period.  The DD Form 214 he was issued shows in item 12f (Foreign Service) he served     1 year, 6 months, and 2 days of cumulative foreign service.  This form further shows he was awarded the:

* Joint Service Commendation Medal
* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Iraq Campaign Medal with Arrowhead
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Iraq Campaign Medal with bronze service star
* Army Service Ribbon
* Overseas Service Ribbon

5.  The applicant provides:

   a.  Orders 113-31, issued by U.S. Army Garrison, Fort George G. Meade, Maryland, 23 April 2010, deploying him to Afghanistan in support of Operation Enduring Freedom (OEF) effective 1 May 2010.

   b.  A memorandum, issued by the Commander, Task Force Gladiator, Combined Joint Task Force 101, Bagram Airfield, Afghanistan, requesting an exception to the Stop Move policy in order for the applicant to return to Fort Meade to resign his commission in May 2011.  The memorandum indicates the applicant was deployed on 10 May 2010 and that, if approved, he would be scheduled for redeployment no earlier than 1 December 2010.

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait from 27 May to 4 December 2010 (a period of 6 months and    8 days).  

7.  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 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 include Consolidation III (1 December 2009 to 30 June 2011).

8.  Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army and establishes standardized policy for preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states for an active duty Soldier deployed 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)" in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  DFAS records indicate the applicant was deployed to Kuwait from 27 May through 4 December 2010 (a period of 6 months and 8 days).  At the time, he would likely have been processed into the theater of operations through Kuwait, which is likely why DFAS records show he served in that country.  

2.  The DFAS information supported by the memorandum and orders provided by the applicant is accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show he served in Afghanistan from 27 May to 4 December 2010 and thereby add a period of 6 months and 8 days of foreign service to item 12f of his DD Form 214.

3.  Based on his accepted dates of service in Afghanistan, he is entitled to award of the Afghanistan Campaign Medal with one bronze service star.

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: 

   a.  deleting the current entry from item 12f of his DD Form 214 and replacing it with the entry "0002  00  10";

	b.  adding award of the Afghanistan Campaign Medal with one bronze service star to his DD Form 214; and
	
   c.  adding the statement "SERVICE IN AFGHANISTAN FROM 20100527-20101204" to item 18 of his DD Form 214.

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 reflecting his service in Afghanistan as 27 May to 1 December 2010.  




      _______ _   __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)                                         AR20140019538



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ABCMR Record of Proceedings (cont)                                         AR20140019538



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