IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012500 BOARD VOTE: ___x_____ ___x___ ____x ___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012500 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 (Foreign Service) of his DD Form 214 the entry "0000-03-17" and adding the entry "0000-03-19" * adding to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this form – * Combat Infantryman Badge * Afghanistan Campaign Medal with one bronze service star * Global War on Terrorism Service Medal * adding to item 18 (Remarks) of this form the entry "Service in Afghanistan: 20020807-20021126" _____________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. IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012500 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 Afghanistan and all authorized awards. 2. The applicant states his overseas orders and awards were not available at the time of his expiration of term of service (ETS). He recently joined the Veterans of Foreign Wars and learned that he could request a correction of his DD Form 214 to show his foreign service. He served in the Army from 7 January 1999 through 6 January 2003. He deployed to Afghanistan in support of Operation Enduring Freedom (OEF) in August 2002. His unit remained in country until 2003, but he left early due to his ETS. The only award he received for his service in Afghanistan was the Combat Infantrymanman Badge. He understands that his unit received other awards for their service in Afghanistan. 3. The applicant provides Orders Number 191-02 and 204-04, DD Form 214, and Permanent Orders (PO) Number 009-249. 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 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 7 January 1999 and he held military occupational specialty 11B (Infantryman). 3. Orders Number 191-02, issued by Headquarters, 82nd Airborne Division on 10 July 2002, deployed him in support of OEF on or about 17 July 2002. 4. He was honorably released from active duty on 6 January 2003 and was transferred to the U.S. Army Reserve. He completed 4 years of net active service this period. His DD Form 214 lists in: * Item 12f (Foreign Service) – 3 months and 17 days * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Noncommissioned Officer's Professional Development Ribbon * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * Item 18 (Remarks) – no entry indicating he deployed to Afghanistan 5. PO Number 009-249, issued by Headquarters, 82nd Airborne Division on 9 January 2003, awarded him the Combat Infantryman Badge for the period of service from 5 August 2002 through 16 January 2003. 6. On 24 March 2016, a staff member of the Defense Finance and Accounting Service verified the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for his deployment to Afghanistan from 7 August 2002 through 26 November 2002, a period of 3 months and 19 days. REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It states the DD Form 214 will be prepared for all personnel 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 for all periods of service * 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)" 2. AR 600-8-22 (Military Awards) states: a. The Afghanistan Campaign Medal is authorized to individuals who served in direct support of OEF on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. 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 Service Medal is authorized for award to all Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days. c. A bronze service star is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal for one or more days of participation in each designated campaign. DISCUSSION: 1. The evidence confirms the applicant served in Afghanistan from 7 August 2002 through 26 November 2002, a period of 3 months and 19 days. His DD Form 214 does not accurately list this foreign service credit. 2. PO awarded him the Combat Infantryman Badge. 3. He qualified for award of the Afghanistan Campaign Medal with one bronze service star and the Global War on Terrorism Service Medal. His DD Form 214 does not list these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012500 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012500 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2