IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20140021492 


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 19 August 2004 to show the Afghanistan Campaign Medal with 1 bronze service star vice the Global War on Terrorism Expeditionary Medal.

2.  The applicant states the Afghanistan Campaign Medal was not in existence when he was released from active duty following his service in Afghanistan from 13 March to 16 June 2004, as shown in block 18 (Remarks) of his DD Form 214.  He served the requisite time in Afghanistan and participated in one campaign to qualify for the Afghanistan Campaign Medal with 1 bronze service star and he would like this medal in lieu of the Global War on Terrorism Expeditionary Medal.

3.  The applicant provides his DD Form 214 for the period ending 19 August 2004.

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 major in the U.S. Army Reserve (USAR) when he was ordered to active duty in support of Operation Enduring Freedom (OEF) as an individual mobilization augmentee (IMA).  He entered active duty on 12 February 2004.  He served in Kuwait and Afghanistan from 18 February to 18 June 2004 while assigned to the Coalitions Forces Land Component Command, U.S. Army Forces Central Command (ARCENT), Third U.S. Army.

3.  His record contains Permanent Orders (PO) 208-005, dated 26 July 2004, issued by the Coalitions Forces Land Component Command, ARCENT, awarding him the Joint Service Commendation Medal for the period 24 February to 18 June 2004.

4.  He was honorably released from active duty on 19 August 2004 and transferred to the USAR Control Group (IMA).  He completed 6 months and 8 days of creditable active service during this period of service.

5.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Expeditionary Medal
* Armed Forces Reserve Medal with Mobilization (M) Device
* Army Service Ribbon 
* Overseas Service Ribbon

6.  Block 18 of his DD Form 214 shows he served in Kuwait from 18 February to 12 March 2004 (24 days) and in Afghanistan from 13 March to 18 June 2004 (3 months and 8 days).

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.

   b.  The Afghanistan Campaign Medal is awarded to members who served in direct support of OEF.  The period of eligibility is on or after 11 September 2001 to 31 December 2014.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  A review of his records shows he participated in one campaign during his service in Afghanistan.

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  The Global War on Terrorism Service Medal 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 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 Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served on active duty from 12 February to 19 August 2004.  He served in Afghanistan during a qualifying period for award of the Afghanistan Campaign Medal and he participated in one campaign during that service.  In addition, he requested award of the Afghanistan Campaign Medal with 1 bronze service star in lieu of the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct his DD Form 214 accordingly.

2.  PO awarded him the Joint Service Commendation Medal for the period February to June 2004 which is not shown on his DD Form 214.  He served on active duty during a qualifying period for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show these two medals.



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 for the period ending 19 August 2004 by:

* deleting the Global War on Terrorism Expeditionary Medal
* adding the Afghanistan Campaign Medal with 1 bronze service star, Joint Service Commendation Medal, and the Global War on Terrorism Service Medal



      ________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)                                         AR20140021492



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ABCMR Record of Proceedings (cont)                                         AR20140021492



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