IN THE CASE OF: BOARD DATE: 16 February 2016 DOCKET NUMBER: AR20150005186 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 in: * Item 12f (Foreign Service) – foreign service credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) – all awards he is entitled to 2. The applicant states his DD Form 214 is incomplete for his awards and war service. Upon leaving the Army at his expiration of term of service he was told the staff was undermanned and he could request a correction of his DD Form 214 later. Because he honorably served his country he deserves to have an accurate DD Form 214. In February 2006, he provided copies of his Enlisted Record Brief, DD Form 214, combat wartime service orders, and all discharge papers to the Department of Veterans Affairs. 3. The applicant provides a copy of his DD Form 214. 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 the cases 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. 2. The applicant enlisted in the Regular Army on 30 January 2003 and he held military occupational specialty 92F (petroleum supply specialist). His DA  Form 2-1 (Personnel Qualification Record – Part II) shows in item 5 (Overseas Service) no entries and in item 9 (Awards, Decorations, and Campaigns) the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars. 3. Permanent Order Number 024-07, issued by the 1st Battalion, 159th Aviation Regiment, Fort Bragg, NC on 24 January 2006, awarded him the Army Good Conduct Medal (1st Award) for the period of service from 30 January 2003 through 29 January 2006. 4. He was honorably released from active duty on 29 January 2006. He was credited with completing 3 years of net active service this period. His DD Form 214 lists in: * Item 12f – "0000-00-00" * Item 13 – the National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon * Item 18 (Remarks) – no foreign service 5. On 4 February 2016, the Defense Finance and Accounting Services (DFAS) verified the applicant received hostile fire /imminent danger pay (HF/IDP) for service in: * Afghanistan from 29 August 2003 through 15 February 2004, a period of 5 months and 17 days * Kuwait from 14 January through 22 November 2005, a period of 10 months and 8 days 6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 12f – would list credit for all foreign service completed during the period covered by the DD Form 214 * Item 13 – would list all awards authorized * Item 18 – for active duty Soldiers deployed with his/her unit during their continuous period of active duty, would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" 7. Army Regulation 600-8-22 (Military Awards) states the: a. Afghanistan Campaign Medal is authorized to individuals who served in 2004 direct support of Operation Enduring Freedom (OEF) on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star will be worn on the appropriate service medal for one or more days of participation in each designated campaign. Campaign participation during his period of service in Afghanistan included Consolidation I – 1 December 2001 through 30 September 2006. b. The Global War on Terrorism Expeditionary Medal is awarded to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September, 2001 to a date to be determined for 30 consecutive days or 60 nonconsecutive days in the area of eligibility in direct support of OEF. 8. Army Regulation 614-30 (Overseas Service), paragraph 3-3 states the prescribed outside the continental United States tour lengths for long and short tour areas are listed in the Joint Federal Travel Regulation, Appendix Q, Table 1. Table 3-2 of the regulation states the Overseas Service Ribbon may be awarded if a Soldier serves 9 months in a continuous Temporary Change of Station/Temporary Duty status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas, such as Afghanistan, where tour lengths have not been established by the Department of Defense. DISCUSSION AND CONCLUSIONS: 1. DFAS confirmed the applicant served in Afghanistan and Kuwait for a total of 1 year, 3 months, and 25 days during his period of active duty service. Items 12f and 18 of his DD Form 214 do not reflect his foreign service and deployments. 2. Orders awarded him the Army Good Conduct Medal (1st Award) and he was authorized the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars. His DD Form 214 does not list these awards. 3. He completed a qualifying period of service for the Afghanistan Campaign Medal with one bronze service star, Global War on Terrorism Expeditionary Medal, and Overseas Service Ribbon. His DD Form 214 does not show these awards. 4. There is no evidence and he provided none showing his authorization for any additional awards during his period of military service. 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: * deleting from item 12f of his DD Form 214 the entry, "0000-00-00" and replacing it with the entry, "0001-03-25." * adding to item 13 of this form the: * Army Good Conduct Medal (1st Award) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar * Afghanistan Campaign Medal with one bronze service star * Global War on Terrorism Expeditionary Medal * Overseas Service Ribbon * adding to item 18 of this DD Form 214 the entry, "Service in Afghanistan: 20030829-20040215 and Service in Kuwait: 20050114-20051122" _______ _ _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) AR20150005186 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005186 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1