RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  24 January 2008
	DOCKET NUMBER:  AR20070011044 


	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. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. Gerald J. Purcell

Chairperson

Mr. Donald L. Lewy 

Member

Mr. David W. Tucker

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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 May 2003, be corrected to show she was awarded the National Defense Service Ribbon [correctly known as the National Defense Service Medal]; the Army Service Ribbon; the Global War on Terrorism Service Medal; and the Army Achievement Medal.

2.  The applicant also requests that item 18 (Remarks) on her DD Form 214 be corrected to show she was ordered to active duty in support of Operation Noble Eagle, that she completed the period for which she was ordered to active duty for the purpose of post-service benefits and entitlements, and to show her service time.

3.  The applicant further requests that item 23 (Type of Separation) on her DD Form 214 be corrected to show she was released from active duty and in item 24 (Character of Service) to show she was honorably discharged. 

4.  The applicant states, in effect, that her military records need to be corrected in order for her to receive military benefits and to show her participation in Operation Nobel Eagle.

5.  The applicant provides copies of her DD Form 214, dated 29 May 2003; DA Form 638 (Recommendation for Award), dated 11 July 2003; Department of the Army Order Number 03-276-08, dated 3 October 2003; and Department of the Army U.S. Total Army Personnel Command, St. Louis, Missouri, Orders A-11-295630, dated 18 November 2002 in support of this application.

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 record shows she enlisted in the United States Army Reserve (USAR) on 17 September 1994 for a period of eight years.  The applicant was then ordered to active duty for training on 9 May 1996.  She completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).

3.  On 31 July 1996, the applicant was honorably released from active duty for training and transferred to the 331st General Hospital, Utica, New York.  

4.  The applicant's record shows she was awarded the National Defense Service Medal, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Department of the Army, U.S. Total Army Personnel Command, St. Louis, Missouri Orders A-11-295630, dated 18 November 2002, shows that the applicant was ordered to active duty on 2 December 2002 for 179 days, in support of Operation Noble Eagle at Walter Reed Army Medical Center, Washington, DC.

6.  On 29 May 2003, the applicant was issued a DD Form 214 which shows she was released from active duty for training and issued an uncharacterized discharge.  Item 12c (Net Active Service) on her DD Form 214 shows 5 months and 28 days and item 12f (Foreign Service) shows 00 years, 00 months, and 00 days.

7.  Item 13 of the applicant’s DD Form 214, dated 29 May 2003, shows she was awarded the Armed Forces Reserve Medal with "M" Device.  The applicant's DD Form 214 does not show she was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Achievement Medal, or the Army Service Ribbon.  

8.  Item 18 of the applicant's DD Form 214, dated 29 May 2003, states that "DATA HEREIN SUBJECT TO COMPUTER MATCHING WITHIN DOD OR WITH OTHER AGENCIES FOR VERIFICATION PURPOSES AND DETERMINING ELIGIBILITY OR COMPLIANCE FOR FEDERAL BENEFITS//ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION NOBLE EAGLE IAW 10 USC 12301(D)//DD FORM 214 WILL SHOW ONLY SERVICE TIME FOR OPERATION NOBLE EAGLE SERVICE SCHOOLS AND AWARD WILL NOT BE LISTED.//NOTHING FOLLOWS."


9.  The applicant provided a DA Form 638 (Recommendation for Award), dated 11 July 2003, from Walter Reed Army Medical Center, Washington, DC.  This form shows that she was awarded the Army Achievement Medal with First Oak Leaf Cluster, which was downgraded from the Army Commendation Medal, by Permanent Order Number 308-04, dated 4 November 2003.  Additionally, the award was based on the applicant's meritorious achievement while assigned as an emergency medical technician with the 2290th U.S. Army Hospital, and the United States Army during the period 20 March 2003 through 20 June 2003.  The applicant's DD Form 214 does not show this award. 

10.  Review of the applicant's available service record indicates that she is entitled to an additional award that is not shown on her DD Form 214.

11.  The applicant's record contains a Department of the Army Certificate from the 2290th United States Army Hospital, Walter Reed Army Medical Center.  This certificate shows she was awarded the Army Commendation Medal by Order Number 03-276-08, dated 3 October 2003, for meritorious service while serving in various leadership, personnel, and administrative positions during the period 1 October 2000 through February 2003.  The applicant's DD Form 214 does not show this award.

12.  The applicant's record shows she was issued a DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty), dated 11 October 2005 with the following corrections:  "item 23 (Type of Separation) on her DD Form 214 to show she was "RELEASED FROM ACTIVE DUTY"; item 24 (Character of Service) to show "HONORABLE"; item 25 (Separation Authority) to show "SELF-TERMINATION ORDERS DATED 18 NOVEMBER 2002 ORDER NUMBER A 11 295630"; and item 27 (Reentry Code) to show "1/NOTHING FOLLOWS."

13.  The applicant's DD Form 214 and DD Form 215 do not show award of the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Achievement Medal, the Army Service Ribbon, and the period of time she served in support of Operation Noble Eagle.

14.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  The regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to this award.
15.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (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.

16.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

17.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, this regulation also directs that the entry include: “(1) ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section); (2)  SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD); and (3)  SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS,” will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her record should be corrected to show in item 13 on her DD Form 214, dated 29 May 2003 award of the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Achievement Medal, and the Army Service Ribbon during her participation in Operation Noble Eagle.

2.  Records show the applicant was awarded the National Defense Service Medal as shown on her DD Form 214, dated 31 July 1996.  The applicant's record also shows she served a second qualifying period of honorable service for a second award of the National Defense Service Medal.  Therefore, it would be 
appropriate in this case to correct the applicant's DD Form 214, dated 29 May 2003 by affixing one bronze service star to her existing National Defense Service Medal.  

3.  Evidence of record also shows that the applicant was awarded the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with 
(M-16) Rifle Bar as shown on her DD Form 214, dated 31 July 1996.  The applicant's DD Form 214, dated 29 May 2003, shows award of the Armed Forces Reserve Medal with "M" Device, but does not show award of the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-16).  Therefore, the applicant is entitled to have these awards also shown on her current DD Form 214.

4.  The applicant's record shows she served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, she is entitled to correction of her records to show this award.

5.  Orders show the applicant was awarded the Army Achievement Medal with First Oak Leaf Cluster for meritorious achievement during the period 20 March 2003 through 20 June 2003.  Therefore, she is entitled to correction of her records to show this award.

6.  Evidence of record shows the applicant was awarded the Army Commendation Medal for meritorious service during the period 1 October 2000 through 1 February 2003.  Therefore, she is entitled to correction of her records to show this award.

7.  Evidence of record shows the applicant was ordered to active duty for the purpose of post-service benefits and entitlements, and her participation in Operation Noble Eagle.  However, Army Regulation 635-5 states, in pertinent part, that item 18 will included information for active duty Soldiers deployed to a foreign country with their unit and will include the following entries: "(1) ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section); (2)  SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD), and; (3)  SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS.”

8.  Since the applicant was not deployed overseas to a foreign country, there is no basis to amend item 18 to show she was ordered to active duty for the purpose of post-service benefits and entitlements, and to show her service time during the operation. 
9.  Evidence of record shows that the DD Form 215, dated 11 October 2005, corrected item 23 to show "RELEASED FROM ACTIVE DUTY"; item 24  "HONORABLE"; item 25 to show "SELF-TERMINATION ORDERS DATED 18 NOVEMBER 2002 ORDER NUMBER A 11 295630"; and item 27 to show 1/NOTHING FOLLOWS."  Therefore, item 23 and item 24 of her 29 May 2003 DD Form 214 do not warrant further correction.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_DWT____  __DLL__  _GJP __   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 adding the Army Commendation Medal; the Army Achievement Medal with First Oak Leaf Cluster; the National Defense Service Medal with one bronze service star; the Armed Forces Reserve Medal with "M" Device; the Army Service Ribbon; the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); and the Global War on Terrorism Service Medal to her DD Form 214, dated 29 May 2003.

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 item 18 (Remarks) to show she was ordered to active duty for the purpose of post-service benefits and entitlements, and to show her service time during the operation.




__Gerald J. Purcell_____
          CHAIRPERSON          




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.