RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070015183 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. Redmann

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, correction to his DD Form 214 (Report of Separation from Active Duty), dated 8 May 1974, to show that he was awarded the Army Good Conduct Medal for the period 26 October 1971 to 8 May 1974.  He also requests award of the Korea Defense Service Medal (KDSM) for the period 5 May 1973 to 6 May 1974; the Global War on Terrorism Service Medal (GWOTSM) for the period 13 October 2001 to 4 June 2002; and the Army Reserve Component Overseas Training Ribbon (ARCOTR) for various dates.  

2.  The applicant states, in effect, that he received an early out and had no disciplinary action during his entire career.  His subsequent awards reflect his outstanding character and behavior.  He was on active duty at the time the KDSM became official and completed two deployments.  He adds that these errors were brought to the attention of the administrative specialists at the time of his ETS (expiration of term of service)/Retirement.  However, no efforts were made to accommodate his inquires or concerns.

3.  The applicant provides four copies of his DD Forms 214 and a copy of his Certificate of Achievement in support of his request.  

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 he enlisted in the Regular Army on 26 July 1971.  He successfully completed basic combat training at Fort Dix, New Jersey and advanced individual training (AIT) at Fort Devens, Massachusetts.  On completion of his AIT he was awarded the military occupational specialty (MOS) 97D (Military Intelligence Coordinator).  

3.  The applicant was promoted to pay grade E-4 on 25 July 1972.  He served in Korea from 5 May 1973 to 8 May 1974.  He served until he was released from active duty on 8 May 1974.  

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Armed Forces Expeditionary Medal; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 does not show any additional awards.

5.   Item 38 (Record of Assignments), of the applicant's DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal

6.  After a break-in-service, the applicant enlisted in the United States Army Reserve on 27 May 1993, with prior service in the Army National Guard.  

7.  The applicant provided a copy of a Certificate of Achievement from the 527th Military Intelligence Battalion, 66th Military Intelligence Brigade, dated 29 September 1995, which was awarded to him for exceptionally meritorious service while serving as a Counterintelligence (CI) Agent from 20 August to 2 September 1995 with the Heidelberg Military Intelligence Detachment, Alpha Company (CI), Collection Battalion, 66th Military Intelligence (MI) Group.

8.  The applicant's ARPC Form 249-2E (Chronological Statement of Retirement Points) shows that he earned 12 active duty points during the period 27 May 1995 to 26 May 1996.

9.  The applicant provided a copy of his DD Form 214, dated 3 November 1997, which shows that he was ordered to active duty in support of Operation Joint Endeavor/Guard.  His DD Form 214, dated 4 June 2002, shows that he was ordered to active duty in support of Operation Joint Guardian from 22 October 2001 to 9 May 2002.

10.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
11.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  

	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 

	(2)  all air spaces above the land and water area.

The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.



12.  Army Regulation 600-8-22 (Military Awards) 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. 

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:  

	(1) 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

	(2)  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. 

The GWOTSM may be awarded posthumously.  Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded. 

13.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides for award of the Army Reserve Components Overseas Training Ribbon (ARCOTR).  It is awarded to members of the Reserve Components of the Army, (Army National Guard and U.S. Army Reserve), for successful completion of annual training (AT) or active duty for training (ADT) for a period not less than 10 consecutive duty days on foreign soil.  Numerals will be used to denote second and subsequent awards of the ARCOTR.
DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal for the period 26 July 1971 to 8 May 1974 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his DD Form 214, dated 8 May 1974, to show this award.

2.  The applicant served in Korea during the qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to this award and to have it added to his DD Form 214, dated 8 May 1974.

3.  The evidence shows that the applicant was deployed in support of Operation Joint Guard from 22 October 2001 to 9 May 2002.  The applicant is therefore eligible for award of the GWOTSM.

4.  The Army Reserve Components Overseas Training Ribbon is awarded to members of the Army Reserve and the Army National Guard who are ordered to active duty for training and who successfully complete their annual training (AT) or active duty for training (ADT) for a period not less than 10 consecutive duty days on foreign soil. 

5.  The evidence shows that the applicant served as a Counterintelligence Agent from 20 August to 2 September 1995, with the Heidelberg Military Intelligence Detachment, Alpha Company (CI), Collection Battalion, 66 MI Group, and  earned 12 active duty points during his RYE (retirement year ending) of 26 May 1996.  Therefore, he is eligible for award of the Army Reserve Components Overseas Training Ribbon and to have it added to his DD Form 214. 

BOARD VOTE:

___MKP_  __SW___  __JCR__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

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:

a.  by showing that he was awarded the Good Conduct Medal for the period 26 July 1971 to 8 May 1974 and the Korea Defense Service Medal and adding these awards to his DD Form 214, dated 8 May 1974; and

	b.  by awarding the applicant the Global War on Terrorism Service Medal; and the Army Reserve Component Overseas Training Ribbon and adding these awards to the applicant's DD Form 214, dated 4 June 2002.




	______Margaret K. Patterson___
          		CHAIRPERSON




INDEX

CASE ID
AR20070015183
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2008
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20040326
DISCHARGE AUTHORITY
AR . 635-200, chap 4. . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.