ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20170016149 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all his awards and decorations. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his DD Form 214 does not show any of the medals he earned. He wants to be recognized for his service in support of Operation Enduring Freedom (OEF) by his Bronze Star Medal, two awards of the Army Commendation Medal, and two awards of the Army Achievement Medal. 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 14 May 2002. He held a food service specialist military occupational specialty. He was assigned to Fort Bragg, NC promoted to specialist/E-3 on 1 November 2003. b. His service record contain a Military Police Report related to a drug offense. The report mentions that the applicant was deployed to Afghanistan but does not specify the dates of deployment. c. Orders Number 222-22, issued by Headquarters, Combined Joint Special Operations Task Force - Afghanistan on 10 August 2003 awarded him the Army Commendation Medal for service from 15 April 2003 to 1 October 2003 (5 months and 17 days). d. His record contains a certificate, dated 15 November 2004, with no permanent orders, awarding him the Bronze Star Medal for meritorious service while deployed with Combined/Joint Task Force 76 in Afghanistan from 17 May 2004 to 1 December 2004 (6 months and 15 days) e. His records does not contain orders awarding him the Bronze Star Medal, orders for a second award of the Army Commendation Medal, or orders for any awards of the Army Achievements Medal. f. He was honorably released from active duty on 13 May 2005. His DD Form 214 shows in: * Item 12f (Foreign Service), the entry "0000-00-00" indicating he did not complete any foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Army Service Ribbon, and Global War on Terrorism Service Medal * Item 18 (Remarks) does not show service in any hostile fire/imminent danger pay (HF/IDP) area 4. Defense Finance and Accounting Service (DFAS) records indicate he deployed to Afghanistan on the following occasions: 1 April 2003 to 30 September 2003 and 1 May 2004 to 30 November 2004. The pay record does not show his exact start and end date of the month as Soldiers received credit for pay for the entire month when he served. 5. By regulation (AR 600-8-22 - Military Awards), awards of the Bronze Star Medal, Army Commendation Medal, and Army Achievement Medal require a formal recommendation, approval through the chain of command, and announcement in orders. * his record contains orders for one award of the Army Commendation Medal * his record contains a certificate for award of the Bronze Star Medal but no permanent order annotated on the certificate * his record contain no certificates or orders awarding him the Army Achievement Medal 6. By regulation (AR 600-8-22 - Military Awards): a. 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 areas of eligibility 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. b. The Afghanistan Campaign Medal is awarded to members who have served in direct support of 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 24 October 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. Approved designated Afghanistan campaigns (during his service in Afghanistan), include the Consolidation I campaign (1 December 2001-30 September 2006). 7. By regulation (AR 635-5 - Separation Documents): * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214, he completed 5 months and 17 days of service in Afghanistan based on the Army Commendation Medal and 6 months and 15 days based on the Bronze Star Medal, for a total of 1 year and 3 days of foreign service * block 13 show awards and decorations for all periods of service * block 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)" is entered; his deployment dates are not listed BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. DFAS records shows he twice deployed to Afghanistan; however, his DD Form 214 does not reflect his foreign service. He was awarded the BSM and ARCOM; however, both awards are not reflected on his DD Form 214. The Board agreed his record is absent evidence that shows he was awarded a second ARCOM and two AAMs. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 14 May 2002 to 13 May 2005, and amending his DD Form 214 for the period ending 13 May 2005 by: a. block 12f – add the entry “0001 01 00” b. block 13 – add the following awards: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct medal (1st Award) * Afghanistan Campaign Medal with one bronze service star c. block 18 – add the entry “SERVICE IN AFGHANISTAN FROM 20030401- 20030930; AND 20040501-20041130” 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 a second ARCOM and 2 AAMs. X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. 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 areas of eligibility 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. e. The Afghanistan Campaign Medal is awarded to members who have served in direct support of 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 24 October 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. Approved designated Afghanistan campaigns (during his service in Afghanistan), include the Consolidation I campaign (1 December 2001-30 September 2006). 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * Block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * Block 13 show awards and decorations for all periods of service * Block 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)" is entered //NOTHING FOLLOWS//