BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160014949 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: 27 June 2018 DOCKET NUMBER: AR20160014949 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 and North Atlantic Treaty Organization Medal 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  05  11," and c. adding the entry "SERVICE IN AFGHANISTAN FROM 20111018-20120328" to item 18 of his DD Form 214. x ______________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: 27 June 2018 DOCKET NUMBER: AR20160014949 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: a. award of the Afghanistan Campaign Medal (ACM) and North Atlantic Treaty Organization (NATO) Medal and b. his foreign service in Afghanistan. 2. The applicant states his DD Form 214 is missing approximately 6 months of foreign service from 15 October 2011 to 11 April 2012. His deployment paperwork was missing from his military records at the time of his separation. 3. The applicant provides: * deployment orders, dated 20 September 2011 * NATO travel orders, dated 20 September 2011 * statement of service/authorization of awards, dated 11 March 2012 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 3 February 2009 for a period of 4 years and 30 weeks. 3. He provided a statement of service/authorization of awards, dated 11 March 2012, showing: * he served in Afghanistan from 18 October 2011 to 28 March 2012 (period of 5 months and 11 days) * he was awarded the ACM, NATO Medal, and National Defense Service Medal 4. On 31 August 2013, he was honorably released from active duty. 5. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal (2nd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Development Ribbon * Army Service Ribbon 6. His DD Form 214 shows in: * item 12f (Foreign Service) – "0000 00 00" * item 18 (Remarks) – no deployments REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the ACM is awarded to members who served in direct support of Operation Enduring Freedom. 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 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-date 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. The instructions stated: a. For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. b. For item 18 for an active duty Soldier deployed 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 statement of service/authorization of awards provided by the applicant confirmed his deployment to Afghanistan from 18 October 2011 through 28 March 2012, a period of 5 months and 11 days. Item 12f of his DD Form 214 does not show this foreign service and item 18 does not show this deployment. 2. The statement of service/authorization of awards also shows he was awarded the ACM and NATO Medal. However, based on his service in Afghanistan, he is authorized award of the ACM with one bronze service star. His DD Form 214 does not show these 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) AR20160014949 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014949 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2