IN THE CASE OF:  	  

		BOARD DATE:  10 September 2015  	  

		DOCKET NUMBER:  AR20150001378 


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 support of Operation Enduring Freedom (OEF).  He also requests award of the Afghanistan Campaign Medal (ACM) with one bronze service star and the Combat Infantryman Badge (CIB).

2.  The applicant states he served overseas in Afghanistan for about 6 months and 3 days.  He was medically evacuated out of the theater of operations in September 2012 due to acute distress disorder and traumatic brain injury (TBI).

3.  The applicant provides copies of his medical records.

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 5 January 2011 for a period of 3 years and 16 weeks.  He was awarded military occupational specialty 11B (Infantryman).

3.  Headquarters, Third Infantry Division, Fort Stewart, GA, Orders ST-045-0178, dated 14 February 2012, as amended by Orders ST-045-0178 (A1), dated 
14 September 2012, show the applicant was assigned to Company B (Rifle), 
1st Battalion, 64th Infantry, Heavy Brigade Combat Team, when he deployed on 18 March 2012 in a temporary change of station status to Afghanistan in support of OEF.

4.  Landstuhl Regional Medical Center (LRMC), Germany, Orders A-09-217074, dated 24 September 2012, medically evacuated the applicant from LRMC, on 
24 September 2012, and reassigned him to the U.S. Army Medical Department Activity, Fort Stewart, GA, for continued medical care.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 26 April 2014, based on completion of required active service, and transferred him to the U.S. Army Reserve Control Group (Reinforcement) to complete his reserve obligation.  He had completed 3 years, 3 months, and 
22 days of net active service during this period.  It also shows in:

   a.  item 12 (Record of Service), block f (Foreign Service):  0 years, 0 months, and 0 days;

   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon

   c.  item 18 (Remarks), no entry that he deployed to a foreign country during this period of active service.

6.  In support of his application the applicant provides copies of 15 pages of his medical records that show, in pertinent part, on:

* 5 September 2012, he witnessed dismounted IED [improvised explosive device] blast
* 24 September 2012, Acute Reaction to Stress; released without limitations; Injury and Illness:  not work related; not battle related; Category:  Psychiatric, Mental Disorders; Cause: Non-Battle Illness; Cleared for Aeromedical Evacuation (page 74)
* 25 September 2012, medically evacuated from Ramstein Air Base, Germany to Andrews Air Force Base (AFB), MD [page 68]
* 26 September 2012, arrived at Andrews AFB with a history of acute stress reaction after witnessing a dismounted IED blast [3 weeks ago] that injured his friend who lost his leg; TBI positive, mild [pages 70 and 71]
* 10 October 2012, screened for neurological disorders for TBI [page 60]

7.  A review of the applicant's military personnel records revealed that he may be entitled to an additional award that is not shown on his DD Form 214.  

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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, ACM, 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.

	b.  The ACM 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 31 December 2014, and Operation Freedom Sentinel from January 1, 2015 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, in pertinent part, Transition I (from 1 July 2011 to a date to be determined).

	c.  The CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.  It also states that IEDs, vehicle-borne IEDs, and the like are direct fire weapons.  While no fixed, qualifying distance from an explosion of these devices can be established, commanders should consider the entirety of the combat situation when considering award of the CIB.

   d.  Military Personnel (MILPER) Message Number 11-268, issued on 
2 September 2011, provides the processing procedures for the CIB.  It instructs Active Army and Reserve Component Soldiers to submit their request for retroactive award of the CIB through command channels to:  Commander, 
U.S. Army Human Resources Command (HRC), Attention:  AHRC-PDO-PA, 
1600 Spearhead Division Drive, Fort Knox, KY  40122.  The request must be submitted with a copy of their DD Form 214 (if applicable) and supporting documentation, to include specific date(s) of the incident(s), proximity of the Soldier to the impacted area or small arms fire (in meters), and whether the Soldier could have reasonably been injured by the blast, detonation, or explosion.

9.  Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states in section II, paragraph 2-5, the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.

10.  There is no evidence of record that shows the applicant submitted an application to HRC regarding his request for retroactive award of the CIB.  As such, this issue will not be discussed further in this Record of Proceedings.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It states for:

	a.  item 12, block f, enter the total amount of foreign service completed during the period covered in item 12, block c (Net Active Service This Period);

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and
	
   c.  item 18, 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)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Afghanistan during the period 18 March to 24 September 2012 and that he was medically evacuated from the theater of operations on 24 September 2012 to the LRMC, Germany, where he received medical treatment before being returned to the continental United States on 26 September 2012.

2.  A calculation of this period of overseas service shows:

	2012  09  26	date of redeployment
	- 2012  03  18	date of deployment
	=     00  06  08
	+                   1	day inclusive
	=     00  06  09	total foreign service

3.  Item 12f and item 18 of the applicant's DD Form 214 do not show his overseas service.  Therefore, it would be appropriate to correct his DD Form 214 to show his overseas deployment in Southwest Asia and total foreign service.

4.  The applicant's service in Afghanistan qualified him for award of the ACM with one bronze service star.  In addition, his service outside of the AOE designated for award of the ACM qualified him for award of the GWOTSM.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards, as recommended below.

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:

	a.  deleting the current entry from item 12, block f of his DD Form 214 and replacing it with the entry "0000  06  09";

	b.  adding the following awards to item 13 of his DD Form 214:

* Afghanistan Campaign Medal with 1 bronze service star
* Global War on Terrorism Service Medal

	c.  adding the entry "SERVICE IN AFGHANISTAN FROM 20120318-20120924" to item 18 of his DD Form 214.



      _______ _   _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)                                         AR20150001378



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ABCMR Record of Proceedings (cont)                                         AR20150001378



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