BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20150019103 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 BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20150019103 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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. adding award of the Afghanistan Campaign Medal with one bronze service star to his DD Form 214, b. deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0000  09  11," and c. adding the entry "SERVICE IN AFGHANISTAN FROM 20030808-20040518" 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. BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20150019103 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 foreign service in Afghanistan and any authorized awards to which he may be entitled for this service. 2. The applicant states his DD Form 214 does not show his service in Afghanistan or awards for that service. Item 12f (Foreign Service) of his DD Form 214 shows no foreign service. 3. The applicant provides no additional evidence. 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 7 November 2002 and trained as a food service operator. 3. The Defense Finance and Accounting Service confirmed he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Afghanistan from 8 August 2003 to 18 May 2004, a period of 9 months and 11 days. 4. On 6 June 2007, he was honorably released from active duty. 5. His DD Form 214 shows he was awarded or authorized the: * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * U.S. Army Basic Recruiter Badge 6. His DD Form 214 shows in: * item 12 – no foreign service * item 18 (Remarks) – no deployed service REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom and Operation Freedom's Sentinel. 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 for Operation Enduring Freedom is on or after 11 September 2001 to 31 December 2014 and Operation Freedom's Sentinel from 15 January 2015 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom. 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) * Consolidation III (1 December 2009-30 June 2011) * Transition I (1 July 2011-31 December 2014) * Transition II (1 January 2015-to be determined) 2. 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. a. The instructions for item 12f stated to enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. b. The instructions for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service stated to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay/imminent danger pay for service in Afghanistan from 8 August 2003 to 18 May 2004, a period of 9 months and 11 days. Item 12f and item 18 of his DD Form 214 do not show this foreign service and deployment. 2. Based on his service in Afghanistan, he is authorized award of the Afghanistan Campaign Medal with one bronze service star. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019103 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019103 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2