RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  08 January 2008
	DOCKET NUMBER:  AR20070010730 


	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

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 that his records be corrected to show the Afghanistan Campaign Medal (ACM), Valorous Unit Award (VUA), and the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states that he retired from the military before the medals were issued.  He served with 3rd Brigade, 101st Airborne Division during Operation Noble Eagle from 11 September 2001 to 1 January 2002 which entitled him to the GWOTSM.  He served with Task Force Rakkasan in Afghanistan which entitled him to the ACM.  He served with Task Force (TF) Rakkasan during Operation Anaconda which entitled him to the VUA.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Memorandum from the U.S. Army Human Resources Command (USAHRC) with Subject:  VUA for Task Force Rakkasan dated 2 October 2003; Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Orders 362-715 dated 28 December 2001; Headquarters,
10th Mountain Division Permanent Orders 071-675 dated 12 March 2002; and Operation Enduring Freedom Certificate.

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.  The applicant's military service record shows that the “Date Entered Active Duty This Period” was 16 May 1977.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 11B (Infantryman).  He served continuously as an Infantryman until he retired from active duty on  
31 May 2003 and was placed on the Retired List effective 1 June 2003.


3.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Orders 362-715, dated 28 December 2001 shows that the applicant was reassigned and deployed to Headquarters, U.S. Central Command Coalition Forces Land Component Command in support of Operation Enduring Freedom for 365 days.

4.  While assigned to Headquarters, 101 Airborne Division (Air Assault) the applicant's Noncommissioned Officer Evaluation Report (NCOER) for the period covering April 2001 to March 2002 shows that he served as a Brigade Operations Sergeant Major in Afghanistan in support of Operation Enduring Freedom.  Part V (Overall Performance and Potential) Senor Rater Bullet Comments states "Absolutely outstanding performance of duty during the deployment for Operation Enduring Freedom and the voice of calm in the Tactical Operations Center during the stressful combat operations in Afghanistan."

5.  Additionally, while assigned to Headquarters, 101 Airborne Division (Air Assault), he received a Change of Rater NCOER for the period covering April  
2002 to March 2003, which states in Part V "Directly responsible for the success of TF Rakkasan during Operation Enduring Freedom in Kandahar, Afghanistan."

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Achievement Medal (2nd Award), Legion of Merit, Bronze Star Medal, Meritorious Service Medal (5th Award), Army Good Conduct Medal (10th Award), National Defense Service Medal (3rd Award), Noncommissioned Officer's Professional Development Ribbon with Numeral 4, Army Service Ribbon, Overseas Service Ribbon (3rd Award), Combat Infantryman Badge, Expert Infantryman Badge, Parachutist Badge, Air Assault Badge, Drill Sergeant Identification Badge, and French Forces Commando Badge.  However, it does not show the ACM, VUA, and GWOTSM.

7.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the ACM 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 ACM 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:

a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties; 

b.   is wounded or injured and requires medical evacuation from the area of eligibility; or 

c.  while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility. 

8.  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 (AOE), on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

a.  Initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or

b.  all Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or
60 nonconsecutive days are authorized the GWOTSM. 

9.  The USAHRC Memorandum with Subject:  VUA for Task Force Rakkasan shows that the recommendation for award of the VUA to Task Force Rakkasan for the period 2-19 March 2002 was approved and that the correspondence would serve as authorization for the award to be annotated to military personnel records, pending announcement in Department of the Army General Orders. 

10.  The applicant's record shows that he received an Operation Enduring Freedom Certificate for his performance of duty while involved in ground combat operations against the Taliban and Al-Qaeda forces in the Afghanistan Area of Responsibility in the war against terrorism.

11.  A review of the applicant's record indicates entitlement to additional awards and decorations not shown in item 13 of his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show the ACM, VUA, and the GWOTSM.

2.  The evidence shows that the applicant was assigned to Headquarters, 101st Airborne Division (Air Assault) and was further reassigned and deployed to Headquarters, U.S. Central Command Coalition Forces Land Component Command in support of Operation Enduring Freedom for 365 days.

3.  The applicant received two NCOERs for the period covering April 2001 to March 2003 while he served in Afghanistan in support of Operation Enduring Freedom and he received an Operation Enduring Freedom Certificate for his performance of duty while involved in ground combat operations against the Taliban and Al-Qaeda forces in the Afghanistan Area of Responsibility in the war against terrorism.  Therefore, he is entitled to correction of his record to show the ACM.

4.  The USAHRC Memorandum with Subject:  VUA for Task Force Rakkasan shows that the VUA was awarded to Task Force Rakkasan for the period 
2-19 March 2002.  Since there is no evidence that the applicant was assigned to Task Force Rakkasan prior to April 2002, he is not entitled to correction of his records to show the VUA.

5.  The applicant's military service records show that he served a qualifying period in support of the Global War on Terrorism for award of the GWOTSM.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__FCJ___  __LMD__  __MJF___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the ACM 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 the VUA.




___Frank C. Jones  ___
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT (Partial)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.