IN THE CASE OF: BOARD DATE: 16 August 2023 DOCKET NUMBER: AR20230000646 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) in the following areas: * item 12f (Record of Service, Foreign Service) to reflect service in Afghanistan * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to reflect Army Commendation Medal (ARCOM) and Afghanistan Campaign Medal (ACM) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Headquarters, 4th Infantry Division and Fort Carson orders CR-145-0402 * DD Form 2795 (Pre-Deployment Health Assessment) * DA Form 638 (Recommendation for Award) (page 1 of 2) 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 the Army from 2009 until 2012, during which he served in Afghanistan. 3. The applicant provides: a. Headquarters, 4th Infantry Division and Fort Carson orders CR-145-0402, dated 25 May 2010, reflects he was deployed in a temporary change of station (TCS) status for the purpose of deployment in support of Operation Enduring Freedom (OEF), Afghanistan, with a proceed date of 25 July 2010, not to exceed 365 days. b. DD Form 2795 (Pre-Deployment Health Assessment), dated 4 May 2010, was completed to assess his state of health before possible deployment outside the U.S. in support of military operations and to assist military healthcare providers in identifying and providing present and future medical care. c. DA Form 638 (Recommendation for Award) (page 1 of 2), dated 5 March 2011, reflects he was recommended for an ARCOM as a service award, for the period of 17 July 2010 to 20 July 2011. Achievements #1 and #2 speak to deployment to Afghanistan, in support of Operation Enduring Freedom 10-11. However, the submitted copy of the DA Form 638 lacks the recommendations from the chain of command, the approval by the approving authority, signatures, and the pertinent award information (i.e. orders issuing headquarters, orders number and date, and signature). 4. A review of the applicant’s service record shows: a. He was discharged from the Delayed Entry/Enlistment Program and enlisted in the Regular Army on 9 June 2009. b. North Dakota Army National Guard (NDARNG) memorandum, dated 15 June 2009, states the applicant was awarded the Army Service Ribbon and the National Defense Service Medal, with an effective date of 15 June 2009. It is unclear why the NDARNG issued such memorandum, as the applicant’s service record does not reflect the applicant served time in the NDARNG. c. The applicant was issued deployment orders to Afghanistan in support of OEF, with a proceed date of 25 July 2010. However, the applicant’s service record is void of redeployment orders, a release from theater memorandum, and/or any documents that would reflect time served in the area of operations. d. Enlisted Record Brief (ERB), dated 21 November 2011, Section I – Assignment Information (Overseas (OS)/Deployment Combat Duty), “Start-End Date” is blank. Furthermore, the following areas reflect the number “0”: * #S (Short Tour) * #L (Long Tour) * C (Combat) * O (Overseas) * R (Restricted) e. His DD Form 214 reflects he was honorably released from active duty and transferred to Support Company, 5th Battalion, 19th Special Forces Group (Airborne) on 23 November 2012, under the provisions of AR 635-200 (Active Duty Enlisted Administrative Separations), paragraph 4, completion of required active service. He completed a total of 3 years, 11 months, and 23 days of net active service this period. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) reflect: * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Driver and Mechanic Badge w/Driver-Wheeled Vehicle(s) clasp * Driver and Mechanic Bade w/Mechanic clasp f. ARCOM certificate found in the applicant’s service record was awarded for commendable performance while assigned as a Signal Support Systems Specialist in the 188th Engineer Company (VCC), from 1 April 2022 to 17 June 2022. This award was dated outside of the record of service (item 12) reflected on the applicant’s DD Form 214. 5. Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active-duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. 6. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. 7. AR 314-30 (Overseas Service) provides policy and guidance on eligibility and selection criteria for overseas service in a permanent change of station (PCS) status under routine conditions, as well as contingency operations and deployments. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined there is sufficient evidence to show the applicant was deployed and received the Army Commendation Medal (ARCOM) for his meritorious service. In addition, the Board determined the applicant’s record is absent his periods of foreign service in support of Operation Enduring Freedom to Afghanistan for the period of 18 July 2010 until 27 June 2011 and his campaign awards during his deployment. Based on this, the Board granted relief to amend the applicant’s DD Form 214 to accurately reflect his foreign service and awards. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 applicant’s DD Form 214 for the period ending 23 November 2012 • in item 12f (Foreign Service) 11 months 9 days • in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) o Army Commendation Medal o Afghanistan Campaign Medal o Consolidation III • in item, 18 (Remarks) SERVICE IN AFGHANISTAN (Operation Enduring Freedom) FROM 20100718 UNTIL 20110627 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. AR 635-5, in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army. a. Paragraph 2-4h(12)(f) (Foreign Service) states, “from the ERB/ORB, enter the total amount of foreign service completed during the period covered in block 12f” b. Paragraph 2-4h (13) (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), states “list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22. Each entry will be verified by the Soldier’s records. Do not use abbreviations.” 3. Army Regulation 600-8-22 (Military Awards), currently in effect, states the ACM 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 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) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000646 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1