IN THE CASE OF:	  

		BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150004076 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Afghanistan from on or about 3 August 2012 to 14 January 2013.

2.  The applicant states his foreign service in Afghanistan from on or about  
8 August 2012 to 14 January 2013 was not listed on his DD Form 214.  

3.  The applicant provides copies of his DD Form 214, Officer Record Brief (ORB), and Officer Evaluation Report (OER) for the rated period 3 December 2012 through 2 December 2013.

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 on 
21 December 1991 and entered active duty on 22 May 1992.  

3.  His record contains OERs that cover the rated periods 3 December 2011 through 2 February 2012 and 3 December 2012 through 2 February 2013.  These OERs indicate he served in Afghanistan during the covered periods. 

4.  His record contains a Bronze Star Medal Certificate, dated 1 December 2012, which shows he served with the Special Operations Joint Task Force – Afghanistan during the period covered by this award (from 3 August 2012 to 
13 January 2013).

5.  He was honorably retired from active duty on 30 November 2014.  His 
DD Form 214 shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* Afghanistan Campaign Medal with Campaign Star 
* Bronze Star Medal (4th Award)
* Defense Meritorious Service Medal
* Meritorious Service Medal (3rd Award)
* Army Commendation Medal (5th Award)
* Joint Service Achievement Medal
* Army Achievement Medal (3rd Award)
* Joint Meritorious Unit Award (U.S Army/U.S. Air Force) 
* Presidential Unit Citation
* Valorous Unit Award
* Army Superior Unit Award
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Global War On Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Korea Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* North Atlantic Treaty Organization (NATO) Medal
* Combat Infantryman Badge
* Expert Infantryman Badge
* Special Forces Tab
* Ranger Tab
* Parachutist Badge
* Air Assault Badge

   b.  Item 18 (Remarks), the following entries pertaining to his service in designated imminent danger pay areas:

* Service in Kuwait from 15 May 2000 to 15 August 2000
* Service in Kazakhstan from 1 April 2001 to 11 July 2001
* Service in Jordan from 16 September 2001 to 28 October 2001
* Service in Afghanistan from 29 October 2001 to 25 February 2002
* Service in Afghanistan from 3 February 2004 to 1 August 2004
* Service in Afghanistan from 1 June 2005 to 10 February 2006
* Service in Afghanistan from 1 August 2006 to 25 March 2007
* Service in Afghanistan from 15 January 2010 to 3 December 2010

6.  The Defense Finance and Accounting Service (DFAS) provided an email transmission, dated 6 April 2015, which confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Afghanistan from 3 August 2012 to 15 January 2013.  

7.  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 31 December 2014, and Operation Freedom Sentinel from January 15, 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.  A silver service star will be worn in lieu of five bronze service stars.  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)
* Consolidation III (1 December 2009 – 30 June 2011)
* Transition I (1 July 2011-date to be determined)

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record, as confirmed by DFAS, shows the applicant served in Afghanistan from 3 August 2012 through 15 January 2013.  This foreign service was not annotated in item 18 of his DD Form 214.

2.  Additionally, his DD Form 214 shows he was awarded the Afghanistan Campaign Medal with Campaign Star, thereby indicating he was credited with participation in one campaign.  However, the evidence of record shows he participated in all five campaigns and should have been credited with a silver service star instead of a bronze service star.  

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 from item 13 of his DD Form 214 the Afghanistan Campaign Medal with Campaign Star and replacing it with the Afghanistan Campaign Medal with silver service star; and 


	b.  adding to item 18 of his DD Form 214 the entry, "Service in Afghanistan from 20120803 - 20130115."




      ____________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)                                         AR20150004076





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ABCMR Record of Proceedings (cont)                                         AR20150004076



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