AR20140021260

IN THE CASE OF:

BOARD DATE: 25 August 2015

DOCKET NUMBER: AR20140021260

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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
3 April 2005:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (3rd Award)
* Meritorious Unit Commendation (Army)
* Afghanistan Campaign Medal

2. The applicant states, in effect, all of the awards he received during his period of service are not listed on his DD Form 214.

3. The applicant provides:

* DD Form 214
* two DA Forms 638 (Recommendation for Award) for the award of the Army Commendation Medal
* three certificates awarding him the Army Commendation Medal
* three certificates and DA Forms 638 awarding him the Army Achievement Medal
* a Noncommissioned Officer Evaluation Report (NCOER) covering the period from December 2002 to October 2003
* Department of the Army General Orders (DAGO) 2009-32, dated
29 December 2009

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. On 25 June 1996, he enlisted in the Regular Army. On 9 December 2001, he was assigned to the 86th Signal Battalion.

3. His Enlisted Record Brief (ERB) shows he completed a 6-month tour of duty in Afghanistan in June 2002 and a 6-month tour in Jordan in September 2003.

4. His official military personnel file (OMPF) contains a certificate for the Army Commendation Medal for service from 11 December 2002 to 7 June 2002 for exceptionally meritorious service while serving as a Data Technician for the 86th Signal Battalion Task Force in Afghanistan. It is clear the intent of the award was to recognize his service in Afghanistan. The beginning date of “11 December 2002” clearly is in error and should read “11 December 2001.” Permanent Order (PO) number 163-24, dated 12 June 2002 is shown on the certificate.

5. His OMPF contains two additional certificates for the award of the Army Commendation Medal issued by the 1st Signal Brigade.

a. PO Number 039-035, dated 8 February 2000, for exceptionally meritorious service from 22 November 1996 – 7 March 2000.

b. PO Number 365-01, dated 30 December 2004, for meritorious service from 31 October 2003 to 15 January 2005.

6. His OMPF contains three certificates for the award of the Army Achievement Medal.

a. PO Number 240-002, dated 28 August 1997, for meritorious service from 22 November 1996 to 22 November 1997.

b. PO Number 006-004, dated 7 January 1998, for exceptionally meritorious service from 5 December 1997 to 11 December 1997.

c. PO Number 198-01, dated 16 July 2004, for meritorious achievement from 15 March 2004 to 11 May 2004.

7. He received an NCOER for the period from December 2002 to October 2003. His unit is shown as the 269th Signal Company, 504th Signal Battalion at Fort Huachuca, AZ.

8. On 3 April 2005, he was discharged. His DD Form 214 shows he was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal (2nd Award), the Global War on Terrorism Expeditionary Medal. The Meritorious Unit Commendation (Army) and the Afghanistan Campaign Medal are not shown on his DD Form 214.

9. Item 18 (Remarks) of his DD Form 214 show he served in Afghanistan from
9 December 2001 – 15 June 2002 and in Southwest Asia from 6 March 2003 –
15 September 2003.

10. He participated in one campaign in Afghanistan.

11. DAGO 2002-32, dated 29 December 2009, awarded the Meritorious Unit Commendation (Army) to the Headquarters and Headquarters Company,
11th Signal Brigade for the period 1 October 2002 – 1 February 2004. The 269th Signal Company is included as an assigned or attached unit.

12. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

a. 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.

(1) 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.

(2) Initial award of the Global War on Terrorism Expeditionary Medal was limited to service members deployed abroad in OEF and Iraqi Freedom in designated specific geographic AOEs, including Jordan.

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 11 September 2001 to 31 December 2014, and Operation Freedom Sentinel from January 15, 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.

DISCUSSION AND CONCLUSIONS:

1. His OMPF contains certificates showing he was awarded three Army Commendation Medals.

2. The certificate for award of the Army Commendation Medal with PO Number 163-24, dated 12 June 2002, showing the beginning date of “11 December 2002” is clearly in error. It would be appropriate to issue a new certificate with dates listed as “11 December 2001 to 7 June 2002.

3. His OMPF contains certificates showing he was awarded three Army Achievement Medals.

4. His OER shows he was assigned to the 269th Signal Company during the period the unit was awarded the Meritorious Unit Commendation (Army).

5. He is authorized the Global War on Terrorism Expeditionary Medal based on his service in Jordan in support of OEF.

6. He is authorized the Afghanistan Campaign Medal with one bronze service star based on his service in Afghanistan from 9 December 2001 – 15 June 2002.

BOARD VOTE:

____X____ ___X_____ ___X_____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was 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 his DD Form 214 with a separation date of 3 April 2005 as follows:

a. Delete the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)

b. Add the:

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (3rd Award)
* Meritorious Unit Commendation (Army)
* Afghanistan Campaign Medal with 1 bronze service star

2. The Board also recommends that a certificate be issued for award of the Army Commendation Medal with the dates of service listed as “11 December 2001 to
7 June 2002.” The certificate for award of the Army Commendation Medal with the dates listed as “11 December 2002 to 7 June 2002” should be removed from his OMPF.

_______ _ __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.

ABCMR Record of Proceedings (cont) AR20140021260

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ABCMR Record of Proceedings (cont) AR20140021260

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