IN THE CASE OF: BOARD DATE: 9 May 2023 DOCKET NUMBER: AR20220009109 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 29 September 2012, to award or show: * Global War on Terrorism Expeditionary Medal * Afghanistan Campaign Medal * service in Afghanistan from 10 March 2005 to 9 February 2006 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate for Award of the Bronze Star Medal, with Order Number 325-081, 21 November 2005 * Officer Record Brief, 1 February 2012 * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, in effect, he served in Afghanistan from 10 March 2005 to 9 February 2006 (a period of 11 months), as stated on his Bronze Star Medal. 3. The Board will not address the Afghanistan Campaign Medal as this will be addressed through an administrative correction. Additionally, a review of the applicant's record shows there are various awards missing from his DD Form 214 which will be addressed through an administrative correction without action by the Board. 4. The applicant enlisted in the Regular Army (RA) on 6 March 1991. He completed training and he was awarded military occupational specialty 95D (Criminal Investigation Division Special Agent). 5. A DD Form 1059 (Service School Academic Report), 22 March 1996, shows he successfully completed Military Police, Basic Noncommissioned Officer Course 02-96. 6. On 5 May 1997, he was honorably released from active duty upon the completion of his required active service. His DD Form 214 for this period shows he was awarded or authorized the: * Army Achievement Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral "2" * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Pistol Bar * Expert Marksmanship Qualification Badge with Pistol, Small Bore Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar 7. He reenlisted in the RA on 19 September 2001. On 22 April 2004, he was honorably discharged to accept a commission or warrant in the Army. The DD Form 214 he was issued shows he was awarded or authorized the: * Army Commendation Medal (2nd Award) * Army Achievement Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal (2nd Award) * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon with Numeral "2" * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Pistol Bar * Expert Marksmanship Qualification Badge with Pistol, Small Bore Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar M-16 * Marksman Marksmanship Qualification Badge with Grenade Bar * Driver and Mechanic Badge with Driver-W Bar 8. On 23 April 2004, he was appointed as a Reserve warrant officer in the Army of the United States. 9. Permanent Orders 259-01, 15 September 2004, Detachment C, 38th Personnel Services Battalion, awarded him the Army Good Conduct Medal (3rd Award). 10. A certificate for award of the Bronze Star Medal, dated 21 November 2005, shows Order Number 325-081 awarded him the Bronze Star Medal for exceptionally meritorious service while serving as a member of the Combined Joint Task Force – 76, in Afghanistan from 10 March 2005 to 9 February 2006. 11. Permanent Order 105-1, 14 April 2009, Headquarters, U.S. Army Criminal Investigation Command, awarded him the Meritorious Service Medal. 12. His Officer Record Brief, dated 1 February 2012, shows he served in Kandahar, Afghanistan from 1 January 2005 to 31 December 2005. 13. Permanent Order 257-7, 13 September 2012, Headquarters, U.S. Army Criminal Investigation Command, awarded him the Meritorious Service Medal. 14. On 29 September 2012, he retired honorably due to permanent disability. His DD Form 214 and the subsequently issued DD Form 215 (Correction to DD Form 214) he was issued show he served in Afghanistan from 1 October 2005 to 31 December 2005. The form further shows he was awarded or authorized the: * Bronze Star Medal * Meritorious Service Medal * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal * Global War on Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (4th Award) * Combat Action Badge * Driver and Mechanic Badge – Mechanic 15. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which verified his service in Afghanistan from 14 March 2005 to 28 February 2006. (Note: DFAS only verifies receipt of hostile fire/imminent danger pay. DFAS does not verify inclusive dates of deployed service or deployment locations beyond the first qualifying country (e.g., Kuwait versus Iraq). DFAS pay records are not considered "source documents," but may be considered as supporting documents leading to a preponderance of the evidence. A second source document is required.) 16. Army Regulation 635-8 (Separation and Processing and Documents), establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains guidance on the preparation of the DD Form 214, to include entering foreign service and remarks pertaining to deployment locations and through dates. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The applicant’s ORB shows his Afghanistan tour ended on 31 December 2005. However, his DFAS pay record show he received hostile fire pay from 1 March 2005 to 28 February 206. At the time, a Soldier received hostile fire pay for the full month regardless when the Soldier deployed, or redeployed. His Bronze Star Certificate lists his dates of service in Afghanistan as 10 March 2005 to 9 February 2006, which are consistent with his pay records. b. Based on his service in Afghanistan, he qualified for award of the Afghanistan Campaign Medal. No Soldier will be entitled to both, the Afghanistan Campaign Medal and Global War on Terrorism Expeditionary Medal for the same act, achievement, or period of service. 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, in addition to the corrections addressed in Administrative Note(s) below, by amending the entry in item 18 of his DD Form 214 ending on 29 September 2012 to show Service in Afghanistan – Operation Enduring Freedom 2005-03-10 to 2006-02-09 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 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. ADMINISTRATIVE NOTE(S): make the following administrative corrections to the applicant's DD Form 214 for the period ending on 29 September 2012 without action by the Board: * delete the - * Afghanistan Campaign Medal * Meritorious Service Medal * Army Good Conduct Medal * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * add the - * Afghanistan Campaign Medal with 1 bronze service star * Meritorious Service Medal (2nd Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Noncommissioned Officer Professional Development Ribbon with Numeral "2". ? 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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's Sentinel from 15 January 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 campaign: Consolidation I (1 December 2001 to 30 September 2006). b. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in OEF and Iraqi Freedom in a designated specific geographic AOE. Effective 30 April 2005, the Global War on Terrorism Expeditionary Medal is no longer authorized to be awarded for service in Afghanistan or Iraq. Soldiers are only authorized award of the Afghanistan Campaign Medal and Iraq Campaign Medal after this date. c. Soldiers that elect to receive the Global War on Terrorism Expeditionary Medal in lieu of the Afghanistan Campaign Medal are not authorized bronze service stars for those campaigns in which the Global War on Terrorism Expeditionary Medal is awarded. No Soldier will be entitled to both medals for the same act, achievement, or period of service. d. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. 3. Army Regulation 635-8, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 5 contains guidance on the preparation of the DD Form 214, to include entering foreign service and remarks pertaining to deployment locations and through dates: a. block 12f (Foreign Service) states, enter the total amount of service performed outside the Continental United States (OCONUS) during the period covered by the DD Form 214, to include deployments. List periods of deployed service in block 18 (Remarks); and b. block 18, states for an active duty Soldier, list any/all OCONUS deployments completed during the period of the DD Form 214 being created, the statement "Service in (Name of Country Deployed) From (inclusive dates)." 4. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009109 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1