IN THE CASE OF: BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160014284 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: 17 April 2018 DOCKET NUMBER: AR20160014284 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 amending his DD Form 214 as follows: a. add to item 12f (Foreign Service) the entry "0001 02 02"; b. delete from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal (2nd Award); c. add to item 13 the Afghanistan Campaign Medal with one bronze service star, Combat Infantryman Badge, North Atlantic Treaty Organization Medal, and Army Commendation Medal (3rd Award); and d. add to item 18 (Remarks) the entry "SERVICE IN AFGHANISTAN FROM 20120221 - 20120901 AND 20131206 - 20140725." __________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: 17 April 2018 DOCKET NUMBER: AR20160014284 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. Item 12f (Foreign Service) 1 year, 1 month, and 30 days (sic); b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Combat Infantryman Badge; and c. Item 18 (Remarks) service in Afghanistan for the periods 21 February to 1 September 2012 and 6 December 2013 to 25 July 2014. 2. The applicant states he received the Combat Infantryman Badge during his deployment to Afghanistan from 21 February to 1 September 2012. 3. The applicant provides: * DD Form 214 * Enlisted Record Brief * four Standard Forms (SF) 600 (Chronological Record of Medical Care) 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 23 June 2010. He completed training and he was awarded military occupational specialty 11B (Infantryman). 3. His records contain: a. General Orders Number 138-309, issued by Headquarters, Combined Task Force Fury, on 15 September 2012, awarding him the Army Commendation Medal for the period 15 February through 15 September 2012; b. General Orders Number 159-088, issued by 48th Infantry Brigade Combat Team on 8 June 2014, awarding him the Army Commendation Medal for the period 6 December 2013 through 1 September 2014; and c. General Orders Number 189-02, issued by Headquarters, 2nd Brigade Combat Team, on 8 July 2014, awarding him the Army Commendation Medal for the period 8 February 2011 through 2 November 2014. 4. The applicant was honorably released from active duty in the rank/grade of specialist/E-4 on 2 November 2014 after completing 4 years, 4 months, and 10 days of active duty service. His DD Form 214 contains the following entries: a. Item 12 does not show any foreign service; b. Item 13 lists the: * Army Commendation Medal (2nd Award) * National Defense Service Medal (2nd Award) * Global War on Terrorism Service Medal * Army Service Ribbon * Parachutist Badge c. Item 18 does not indicate that he deployed overseas. 5. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account, which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Afghanistan for the periods 1 February to 30 September 2012 and 1 December 2013 through 31 July 2014. 6. The applicant provides: a. An Enlisted Record Brief, which is also present in his official military personnel records, dated 4 November 2014, which shows he deployed to Afghanistan for the period 6 December 2013 through 25 July 2014 (a period of 7 months and 20 days). This form also shows he was awarded the CIB, the North Atlantic Treaty Organization Medal, and the Afghanistan Campaign Medal. b. SF 600, dated 6 December 2012, which shows he arrived in theater on 21 February 2012 and he departed theater on 1 September 2012 (a period of 6 months and 12 days). REFERENCES: 1. 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 31 December 2014, and Operation Freedom Sentinel from January 15, 2015 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) 2. Army Regulation 635-8 (Separation Processing and 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that: a. the total amount of service performed outside the continental United States during the period covered in item 12c (Net Active Service This Period) will be entered as "YYYY MM DD" in item 12f of the form; b. all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service should be entered in item 13 of the form; and c. for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show his foreign service in Afghanistan for the periods 21 February to 1 September 2012 and 6 December 2013 to 25 July 2014, for a total of 1 year, 1 month and 30 days foreign service has been carefully considered and found to have partial merit. 2. The evidence provided by the applicant further corroborated by DFAS supports the applicant's dates of service in Afghanistan as being from 21 February through 1 September 2012 (a period of 6 months and 12 days) and 6 December 2013 through 25 July 2014 (a period of 7 months and 20 days), for a total of 1 year, 2 months and 2 days for foreign service. 3. Based on the applicant's accepted dates of service in Afghanistan, the evidence shows he served a qualifying period of service in Afghanistan for award of the Afghanistan Campaign Medal and that he participated in one campaign. 4. His Enlisted Record Brief lists the Combat Infantryman Badge and North Atlantic Treaty Organization Medal. This badge and medal are not listed on his DD Form 214. 5. Evidence shows he received three Army Commendation Medals. His DD Form 214 shows he was awarded two Army Commendation Medals. /NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014284 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014284 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2