RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20060017279 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Eric Andersen

Chairperson

Mr. Scott Faught

Member

Ms. Ernestine Fields

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Parachutist Badge, the Combat Action Badge, the Afghanistan Campaign Medal, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Global War on Terrorism Service Medal (GWOTSM), the “Combat Service Medal,” the American Defense Service Medal, the “Foreign Service” Medal, the “Honorable Service” Medal, the Army Commendation Medal, the “Liberation of Afghanistan” Medal, and the Good Conduct Medal.  

2.  The applicant states, in effect, that he served in Afghanistan in support of Operation Enduring Freedom with the 82nd Airborne Division in 2002. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
1 November 2002.  The application submitted in this case is dated 1 December 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the Army Commendation Medal.  There are no orders or other evidence authorizing award of the Army Commendation Medal to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Army Commendation Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

4.  The applicant requested correction of his records to show award of the Combat Action Badge.  Requests for award of the Combat Action Badge must be forwarded to the Commanding General, U.S. Army Human Resources Command, ATTN: AHRC-PDO-PA, Alexandria, Virginia 22332-0471.  This award may be requested by letter.  All requests must contain the following:  
(1) assignment, attachment or operational control orders; (2) a copy of the Soldier's Enlisted Record Brief or DA Form 2-1; (3) a copy of the chain of command endorsement; (4) a one-page narrative description of the qualifying incident; (5) a certified copy of the DD Form 214; and (6) supporting documentation.  The applicant is required to exhaust all administrative remedies; accordingly, there will be no further discussion of this issue.

5.  Army Regulation 600-8-22 (Military Awards) does not show the “Combat Service” Medal, the “Foreign Service” Medal, the “Honorable Service” Medal, or the “Liberation of Afghanistan” Medal as authorized awards.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

6.  The applicant enlisted on 15 June 2000 and trained as a unit supply specialist.  On 27 September 2002, the applicant’s unit commander initiated action to separate him under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental condition.  He cited that the applicant’s state of emotion and/or behavioral dysfunction was of such severity that his ability to perform military duties was significantly impaired.  On 
1 November 2002, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-17, for a physical condition, not a disability.  

7.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards. 

8.  Headquarters, U.S. Army Infantry Center Permanent Orders 152-464, dated 
1 June 2001, show the applicant received the Parachutist Badge.  

9.  Records at the Defense Finance and Accounting Service show the applicant served in Afghanistan from June 2002 to August 2002.

10.  There are no orders for the Good Conduct Medal in the available records.

11.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal 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.  
12.  Army Regulation 600-8-22 states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  

13.  The authority governing award of the Afghanistan Campaign Medal and the GWOTEM allows a Soldier to receive only one of these service medals for the same period of service.  

14.  Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. 

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. 

16.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Parachutist Badge.

2.  Based on his service in Afghanistan from June 2002 to August 2002, the applicant is entitled to award of the Afghanistan Campaign Medal.

3.  Since a Soldier cannot receive both the Afghanistan Campaign Medal and the GWOTEM for the same period of service, there is no basis for granting his request for the GWOTEM.

4.  The applicant served a period of qualifying service for award of the GWOTSM.

5.  The applicant did not serve a period of qualifying service for awards of the American Defense Service Medal.

6.  Since the applicant did not serve three years of continuous enlisted active Federal military service, and his state of emotion and/or behavioral dysfunction was of such severity that his ability to perform military duties was significantly impaired, it appears he is not eligible for award of the Good Conduct Medal.  Therefore, there is insufficient evidence on which to base award of the Good Conduct Medal in this case.  

7.  Records show the applicant should have discovered the alleged errors now under consideration on 1 November 2002; therefore, the time for the applicant to file a request for correction of any error expired on 31 October 2005.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

EA_____  ___SF___  __EF____  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 partial relief and to excuse failure to timely file.  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 to add the Parachutist Badge, the Afghanistan Campaign Medal, and the GWOTSM. 

2.  The Board further determined that 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 award of the GWOTEM, the Good Conduct Medal, and the American Defense Service Medal.



__Eric Andersen_______
          CHAIRPERSON




INDEX

CASE ID
AR20060017279
SUFFIX

RECON

DATE BOARDED
20070703
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.