IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20160009514 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20160009514 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 24 February 2006 to show, in effect, the Global War on Terrorism Expeditionary Medal, the Afghanistan Campaign Medal, and his foreign service in Afghanistan. 2. The applicant states: * He served in Afghanistan from 2 June to 3 September [2003], which is 90 days * He was medically evacuated * His DD Form 214 does not show any foreign service THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * DD Form 214, for the period ending 24 February 2006 * Memorandum, dated 8 September 2003 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlistment/Reenlistment Document, dated 6 August 2001 * Orders 042-163, dated 21 February 2003 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 29 October 2003 * Orders 348-177, dated 14 December 2003 * DA Form 2-1 (Personnel Qualification Record - Part II) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), for the period ending 24 February 2006 * Email from the Defense Finance and Accounting Service, dated 29 December 2017 REFERENCES: 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. 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. The instructions stated for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and b. item 18, for Reserve Component Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 3. Army Regulation 600-8-22 states 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. 4. 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 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. 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) DISCUSSION: 1. While 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 Army National Guard on 6 August 2001 with prior enlisted service. 3. Orders 042-163 ordered him to active duty in support of Operation Enduring Freedom on 22 February 2003 for a period not to exceed 365 days. This period of active duty was later amended to "not to exceed 458 days." 4. He arrived in the Kandahar Army Airfield (KAF), Afghanistan on 17 June 2003. He departed KAF on a Medical Evacuation to Landstuhl Regional Medical Center on 8 September 2003. He sustained an injury to his right sciatica on 3 September 2003 while deployed in Afghanistan. He left the country due to medical reason, so his deployment service credit would continue through his stay in the medical facility at Landstuhl until he arrived in CONUS. 5. He was honorably discharged from active duty on 24 February 2006 by reason of physical disability with severance pay. 6. His DD Form 214 does not reflect any foreign service or award of the Global War on Terrorism Expeditionary Medal. Item 18 (Remarks) of this discharge document shows the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302." The country and dates of deployment are not listed. 7. He was medically discharged from the Army National Guard on 24 February 2006. 8. His military pay records at the Defense Finance and Accounting Service show he was in the combat zone from 1 May 2003 to 30 May 2004 in Kuwait. 9. He served a period of qualifying service in Kuwait/Afghanistan for both the Global War on Terrorism Expeditionary Medal and the Afghanistan Campaign Medal with one bronze service star. The Afghanistan Campaign Medal was subsequently authorized for Soldiers who served in an area qualified for the Global War on Terrorism Expeditionary Medal. However, the Military Awards regulation provided that no service member will be entitled to both medals for the same act, achievement, or period of service. 10. The applicant should apply to the Board stating which of the decorations he would like entered on his separation document. BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 2006 of the individual concerned be corrected by: a. amending item 12f (Foreign Service) to show the entry "0001  01  00"; b. amending item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to add the Afghanistan Campaign Medal with one bronze service star; and c. amending item 18 (Remarks) to add the entry "SERVICE IN AFGHANISTAN FROM 20030501-20040530." 2. The Board further determined 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 Global War on Terrorism Expeditionary Medal. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009514 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2