IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150001027 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployment to Afghanistan.

2.  The applicant states that his deployment to Afghanistan is not reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and deployment history.

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 enlisted in the Regular Army on 28 January 2000 for a period of 3 years.  He completed his training as a water treatment specialist and was assigned to Fort Campbell, Kentucky.  He was advanced to the pay grade of E-4 on 1 October 2001.

3.  He deployed to Afghanistan during the period 20020408 – 20021004, a period of 5 months and 27 days of foreign service and served in one campaign.

4.  On 27 January 2003, he was honorably released from active duty (REFRAD) due to completion of required service.  His DD Form 214 issued at the time of his REFRAD reflects no foreign service in item 12f and no deployments in item 17.  It also shows that he was awarded the Good Conduct Medal, National Defense Service Medal, Army Service Ribbon and his marksmanship badge.

5.  Army Regulation 600-8-22 (Military Awards) states the 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.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-30 November 2009)

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and provides all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f and for item 18 for an active duty Soldier deployed to a foreign country 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)."

7.  Army Regulation 600-8-22 (Military Awards) states the 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.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served 5 months and 27 days of foreign service in Afghanistan during the period 20020408 – 20021004 and is entitled to have that information added to his DD Form 214.

2.  The applicant also served during qualifying periods for awards of the GWOTSM and the Afghanistan Campaign Medal and is entitled to have those awards added to his DD Form 214 as well.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the entry “0000  00  00” from item 12f of his DD Form 214
* Adding the entry “0000  05  27” to item 12f of his DD Form 214
* Adding the awards of the GWOTSM and Afghanistan Campaign Medal with one bronze service star to item 13 of his DD Form 214
* Adding the entry “Service in Afghanistan 20020408 – 20021004" to item 18 of his DD Form 214  





2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20150001027





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ABCMR Record of Proceedings (cont)                                         AR20150001027



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