BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160003734 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160003734 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 31 May 2003 as follows: * adding to item 13 the Afghanistan Campaign Medal with one bronze service star and the Global War Global War on Terrorism Service Medal * adding to item 18 the entry "Service in Afghanistan from 20020119 - 20020702" 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Iraq Campaign Medal to 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: 26 October 2017 DOCKET NUMBER: AR20160003734 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 the: * Afghanistan Campaign Medal * Iraq Campaign Medal * Global War on Terrorism Service Medal 2. The applicant states he was in Afghanistan with Task Force Rakkasan from 19 January 2002 to 2 July 2002. 3. The applicant provides Orders 362-715, dated 28 December 2001, and his July 2002 Leave and Earnings Statement (LES). 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. Having had prior service, the applicant enlisted in the Regular Army on 21 January 1986 and he held military occupational specialties 35W (Electronic Maintenance Chief), 63H (Track Vehicle Repairer), and 29W (Communications Electronic Maintenance Chief). 3. He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of sergeant first class (SFC)/E-7. He was last assigned to Headquarters and Headquarters Company (HHC), 3rd Brigade, 101st Airborne Division, Fort Campbell, KY. 4. He retired on 31 May 2003 and he was placed on the retired list in his retired rank/grade of SFC/E-7 on 1 June 2003. His DD Form 214 shows in: * Item 12f (Foreign Service), 2 years, 2 months, and 16 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Achievement Medal (2nd Award) * Meritorious Service Medal * Army Commendation Medal (3rd Award) * Army Good Conduct Medal (6th Award) * National Defense Service Medal (2nd Award) * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Driver and Mechanic Badge with Mechanic Bar * Item 18 (Remarks) does not show any deployments 5. He provides Orders 362-715, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY on 28 December 2001 ordering HHC, 3rd Brigade, deployed to the U.S. Central Command area in support of Operation Enduring Freedom, beginning on or about 15 January 2002 for a period up to 365 days. Attached to the order is a list of names, including that of the applicant, as a member of HHC, U.S. Army Garrison. 6. He also provides his July 2002 LES that shows he received hostile fire pay of $150.00 for the month of July 2002. 7. An email, dated 10 August 2017, from the Defense Finance and Accounting Service confirmed the applicant received hostile fire/danger pay from 1 January 2002 to 31 July 2002 in Afghanistan. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states: a. The Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF). The area of eligibility (AOE) 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 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. Approved designated Afghanistan campaigns include the Consolidation I (1 December 2001-30 September 2006) campaign. b. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011 c. The Global War on Terrorism Expeditionary Medal is authorized for award to members who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria including: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.) d. Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service. No service member will be entitled to both medals for the same act, achievement, or period of service. e. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined. 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 are authorized the Global War on Terrorism Service Medal. 2. 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. It establishes standardized policy for the preparation of the DD Form 214. It states for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 18, for an active duty Soldier deployed to a foreign country 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: 1. The applicant contends he served in Afghanistan from 19 January to 2 July 2002. This period of service is consistent with his pay records (at the time, hostile fire pay was paid for the entire month regardless what day of the month a Soldier deployed). His DD Form 214 does not reflect his deployment. 2. Based on his service in Afghanistan, he meets the criteria for award of the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show it. 3. He served during a qualifying period of service for award of the Global War Global War on Terrorism Service Medal. This award is not shown on his DD Form 214. 4. With respect to the Iraq Campaign Medal, there is no evidence of record and he did not provide any evidence that shows he served in Iraq in support of OIF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003734 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003734 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2