IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140021145
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 deployment to Afghanistan from
7 August through 15 December 2002.
2. The applicant states his deployment to Afghanistan should be included on his DD Form 214.
3. The applicant provides copies of his
* Army Commendation Medal Certificate with orders
* DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army) with the Oath of Extension of Enlistment
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army for 2 years on 1 November 2000. He held military occupational specialty 92Y (Unit Supply Specialist).
2. He was honorably released from active duty on 31 January 2003 as a specialist (SPC)/E-4. He had completed 2 years and 3 months of net active duty service. His DD Form 214 shows in:
a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.
b. item 18 (Remarks) shows no deployment entry.
3. The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay from 8 August through 16 December 2002 for Afghanistan.
4. He provides and his records contain Permanent Orders Number 307-27, Headquarters and Headquarters Company, 82nd Aviation Brigade, showing he was awarded the Army Commendation Medal for exceptional service during Operation Enduring Freedom during the period 7 August to 15 December 2002.
5. The applicant provides DA Form 3340-R and the Oath of Enlistment showing he extended his enlistment on 20 August 2002. The reason is shown as, "Contingency Deployment Conditions."
6. Army Regulation 600-8-22 (Military Awards) states the:
a. Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. The following period of continuous enlisted active Federal military service qualifies for award: For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.
b. Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
c. 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. During his service in Afghanistan he participated in the Consolidation I (1 December 2001-30 September 2006) campaign.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that an active duty Soldier deployed with his or her unit during their continuous period of active duty would have item 18 annotated with "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicants records show he distinguished himself in the performance of his military service as evidenced by him attaining the rank of SPC and receiving a personal decoration. Furthermore, there is no evidence of any misconduct or disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal. It is presumed that he did not receive the Army Good Conduct Medal due to an oversight. Accordingly, he should be awarded the Army Good Conduct Medal (1st Award).
2. The available evidence shows he served qualifying periods for award of the GWOTSM and Afghanistan Campaign Medal with one bronze service star.
3. Permanent orders show he was awarded the Army Commendation Medal.
4. His DD Form 214 should be corrected to show these awards.
5. His DD Form 214 should be corrected to show his deployment to Afghanistan.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. awarding him the Army Good Conduct Medal (1st Award) for the period
1 November 2000 through 31 January 2003;
b. adding to item 13 of his DD Form 214 the
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Global War on Terrorism Service Medal
* Afghanistan Campaign Medal with one bronze service star
c. adding to item 18 of his DD Form 214 "SERVICE IN AFGHANISTAN 20020807-20021215."
____________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) AR20100014430
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140021145
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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