IN THE CASE OF: BOARD DATE: 23 April 2020 DOCKET NUMBER: AR20190007905 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 3 April 2014 to show in: a. block 12f (Foreign Service) – his foreign service as 6 months, b. block 13 (Decorations, Medals, Badges, Citations, and Campaign ribbons Awarded or Authorized) – he was awarded or authorized the following: * Afghanistan Campaign Medal with one bronze service star * North Atlantic Treaty Organization (NATO) Non-Article 5 Medal with International Security Assistance Force (ISAF) clasp * Armed Forces Reserve Medal with "M" Device * Global War on Terrorism Service Medal * one Overseas Service Ribbon * one overseas service bar c. block 18 (Remarks) – he served in Afghanistan from 17 July 2013 to 18 January 2014 in support of Operation Enduring Freedom. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 13 May 2019 * California Adjutant General Orders 099-462, dated 9 April 2013 * Headquarters, III Corps and Fort Hood, Fort Hood, Orders HO-182-0036, dated 1 July 2013 * Certificate of Recognition, 495th Combat Sustainment Support Battalion, dated 28 August 2013 * Headquarters, III Corps and Fort Hood, Fort Hood, Orders HO-182-0036 (A1), dated 20 September 2013 * Patient Movement Request, dated 30 January 2014 * Memorandum For Record, Landstuhl Regional Medical Center, Germany, dated 18 December 2013, subject: Ration Card * memorandum, Task Force Maverick, 1113th Transportation Company, Kandahar Airfield, Afghanistan, dated 18 January 2014, subject: Letter of Permanent Release from Theater (Medical) * memorandum, Task Force Maverick, 142d Combat Sustainment Support Battalion, Kandahar Airfield, Afghanistan, dated 18 January 2014, subject: Permanent Letter of Release from Theater (Medical) * Memorandum For Record, 1113th Transportation Company, Kandahar Airfield, Afghanistan, dated 11 February 2014, subject: Deployment Duty Locations * Landstuhl Regional Medical Center, Germany, Orders A-02-041349, dated 5 February 2014 * Headquarters, III Corps and Fort Hood, Fort Hood, Orders HO-182-0036, dated 4 March 2014 * Soldier Readiness Center, Joint Base Lewis-McChord, Orders 066-0002, dated 7 March 2014 * NATO Certificate for the period 8 July 2013 to 30 April 2014 * DD Form 214 for the period ending 3 April 2014 * memorandum, 1113th Transportation Company, California Army National Guard (CAARNG), dated 1 October 2014, subject: Statement of Wartime Service for (Applicant) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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: a. He was removed from theater and sent to Germany due to an injury he received overseas on or about 18 January 2014. He left Germany and was sent to Joint Base Lewis-McChord on or about 5 February 2014. b. When he was discharged, he was under medications and he did not properly review or verify the information on his DD Form 214. He did not realize the importance of reviewing his DD Form 214 because he was an inexperienced Specialist/E-4 on his first deployment. c. His DD Form 214 is missing awards, his foreign service time, and his deployment dates to Afghanistan. 3. The applicant's records contain sufficient evidence to support administrative correction of his DD Form 214 to show in Block 13 – award of the following awards: * Afghanistan Campaign Medal with one bronze service star * Overseas Service Ribbon * NATO Medal 4. The applicant requested correction of his DD Form 214 to show he was awarded the Global War on Terrorism Service Medal and the Armed Forces Reserve Medal with "M" Device. However, these awards are already listed on his DD Form 214. This portion of his request will not be discussed further in these proceedings. 5. The Board will consider his requests for award of an overseas service bar and foreign service credit for Afghanistan. 6. On 26 May 2006, the applicant enlisted in the CAARNG. 7. California Adjutant General, Orders 099-462, dated 9 April 2013, ordered him to active duty, effective 18 May 2013. 8. Headquarters, III Corps and Fort Hood, Orders HO-182-0036, deployed him in support of Operation Enduring Freedom, Afghanistan, with a proceed date of 9 July 2013. 9. He provided copies of: a. his Department of the Army, Certificate of Recognition, dated 28 August (year not shown), showing he served with the 495th Combat Sustainment Support Battalion, Afghanistan, under combat conditions, which entitled him to wear the combat patch of the 1889th Regional Support Group. b. a memorandum from Task Force Maverick, 1113th Transportation Company, Kandahar, Afghanistan, dated 18 January 2014, subject: Letter of Permanent Release from Theater (Medical), showing his company commander requested his permanent release for medical reasons. c. a memorandum from Task Force Maverick, 142d Combat Sustainment Support Battalion, Kandahar, Afghanistan, dated 18 January 2014, subject: Permanent Letter of Release from Theater (Medical), which shows his battalion commander recommended his permanent release from theater for medical reasons. d. his Patient Movement Request, dated 31 January 2014, which showing he was transported by military aircraft from Kandahar, Afghanistan, to Landstuhl Regional Medical Center, Germany, as the result of a non-battle injury. e. Landstuhl Regional Medical Center, Germany, Orders A-02-401349, dated 5 February 2014, showing he was reassigned and/or deployed to Madigan Army Medical Center, Washington, with a report date of 5 February 2014. f. a memorandum from Task Force Maverick, 1113th Transportation Company, Kandahar, Afghanistan, dated 11 February 2014, subject: Deployment Duty Locations, which shows he was stationed in the Central Command area of operations for 30 or more consecutive days. g. Headquarters, III Corps and Fort Hood, Fort Hood, Orders HO-182-0036 (A2), dated 4 March 2014, which amended Orders HO-182-0036, same Headquarters, dated 20 September 2013, to show his demobilization station as Fort Lewis-McChord, Washington. 10. Soldier Readiness Center, Joint Base Lewis-McChord, Orders 066-0002, dated 7 March 2014, released him from active duty with an effective date of 3 April 2014. 11. On 3 April 2014, he was honorably released from active duty. His DD Form 214, for the period ending 3 April 2014, shows in: a. block 12f – his foreign service as "0000" years, "00" months, and "00" days. b. block 13 – he was awarded or authorized: * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Armed Forces Reserve Medal with "M" Device c. block 18 – in part: * "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATIONS ENDURING FREEDOM IAW [IN ACCORDANCE WITH] 10 USC 12302 [TITLE 10 UNITED STATES CODE, SECTION 12302] FROM 20130518-20140403." * "MEMBER HAS COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST–SERVICE BENEFITS AND ENTITLEMENTS." 12. He provided copies of: a. his NATO Certificate certifying he had been awarded the Non-Article 5 NATO Medal for service in relation to the ISAF Operation for the period 8 July 2013 to 30 April 2014 and b. a Memorandum for Record from the 1113th Transportation Company, CAARNG, dated 1 October 2014, showing he was among Soldiers who served at various locations in Afghanistan from approximately 8 July 2013 to 30 April 2014. The document also shows he was eligible for the following service awards, insignia and accouterments: * Shoulder Sleeve Insignia – Former Wartime Service * NATO Non-Article 5 Medal with the ISAF Clasp * Afghanistan Medal with one bronze service star * one Overseas Service Ribbon * one overseas service bar * Armed Forces Reserve Medal with "M" Device * Global War on Terrorism Service Medal 14. Defense Finance and Accounting Service records show the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for service in Afghanistan from 12 July 2013 to 15 March 2014. 15. The following consolidated evidence of record shows different periods for his service in Afghanistan: a. California Adjutant General, Orders 099-462, dated 9 April 2013, shows his report to home station date as 18 May 2013, and his report to mobilization station as 21 May 2013; b. Headquarters, III Corps and Fort Hood, Fort Hood, Orders HO-182-0036, dated 1 July 2013, shows his proceed date as 9 July 2013; c. Task Force Maverick, 1113th Transportation Company memorandum, Kandahar, Afghanistan, and Task Force Maverick, 142d Combat Sustainment Support Battalion memorandum, Kandahar, Afghanistan, both dated 18 January 2014, show his permanent release from theater date as 18 January 2014; d. Patient Movement Request, dated 31 January 2014, shows his Kandahar, Afghanistan, flight itinerary departure date as 31 January 2014; e. Landstuhl Regional Medical Center, Orders A-02-401349, dated 5 February 2014, shows his report to Madigan Army Medical Center, Germany, report date as 5 February 2014; f. Defense Finance and Accounting Service records show his hazardous duty pay dates for Afghanistan as 12 July 2013 to 15 March 2014. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed that DFAS provided sufficient documentation to show he served in Afghanistan from 17 July 2013 to 18 January 2014 (6 months); thereby warranting correction in this case. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the corrections be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 the DD Form 214 for the period ending 3 April 2014 showing in: * Block 12f (Foreign Service) – add 6 months * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Overseas Service Bar * Block 18 (Remarks) – service in Afghanistan from 17 July 2013 to 18 January 2014 in support of Operation Enduring Freedom 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: * Afghanistan Campaign Medal with one bronze service star * NATO Medal * one Overseas Service Ribbon REFERENCES: 1. Title 10, United States 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 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 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments. It prescribes the policies and procedures concerning U.S. Army awards to foreign military personnel and foreign decorations to U.S. Army personnel. a. The NATO Medal is awarded by the Secretary General of NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations. (1) Eligibility. The International Security Assistance Force in Afghanistan from 1 June 2003 to 31 December 2014 has been approved by the Secretary of Defense for acceptance and wear of the NATO Medal. (2) Medal set. The medal set includes a ribbon clasp denoting the specific operation for which the award was made. U.S. service members are authorized to retain the ribbon clasp presented but may not wear the clasp. Only the basic medal and service ribbon are authorized for wear on the uniform. The basic medal and service ribbon is further defined as the first NATO Medal awarded/presented to a Soldier for that contingency operation. b. The Overseas Service Ribbon is awarded to members of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all members of the active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after 1 August 1981. c. The overseas service bar is not listed as an award or decoration. 3. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia, as worn by officers and enlisted personnel of the active and Reserve components of the Army, as well as by former Soldiers. a. The overseas service bar is worn centered on the outside bottom half of the right sleeve of the Army green uniform coat. The lower edge of the overseas service bar is placed l/4 inch above the sleeve braid of the coat for officer personnel, and 4 inches above and parallel to the bottom of the sleeve for enlisted personnel. Each additional bar is spaced 1/16 inch above, and parallel to the first bar. b. One overseas service bar is authorized for each 6 month period of Federal service as a member of a U.S. service participating in Operation Enduring Freedom, the Central Command area of operations, or under the control of the Combatant Commander, Central Command, from 19 September 2001 to a date to be determined. The months of arrival to, and departure from the Central Command area of operations are counted as whole months. 4. Army Regulation 635-8 (Separation Processing and Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or the custody and control of the Army. It establishes standardized policy for preparation of the DD Form 214. The detailed instructions stated for: a. block 12f, to enter the total amount of service performed outside the continental U.S. during the period covered in block 12c (Net Active Service This Period). In addition, list periods of deployed service in block 18. b. block 13, to list all Federally-recognized awards and decorations for all periods of service. Do not use abbreviations. Do not enter foreign or state level awards on the DD Form 214. State awards and decorations will be entered on the National Guard Bureau Form 22 (National Guard Report of Separation and Record of Service) upon separation from the U.S. Army National Guard. c. block 18, for Reserve Component Soldiers ordered to active duty, participating in or supporting a contingency operation, and deployed to a foreign country, enter the following statements below in succession: (1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)." (2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007905 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1