IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20070016305 


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, in effect, that he be awarded the Global War on Terrorism Service Medal (GWOTSM); and that the Army Commendation Medal (ARCOM), Florida Service Ribbon, Florida Active Duty Ribbon, and Florida Meritorious Service Ribbon be added to his separation document (DD Form 214). 

2.  The applicant states, in effect, that he was ordered to active duty on 
11 September 2001, and served in Germany in support of Operation Enduring Freedom (OEF), and he believes this active duty service qualifies him for the GWOTSM.  He also states that while serving as an officer at the Florida Regional Training at Camp Blanding in 1999, he was awarded the ARCOM, Florida Service Ribbon, Active Duty Ribbon, and Meritorious Service Ribbon.  He now requests that these awards be added to his DD Form 214.

3.  The applicant provides the following documents in support of his application:  Department of Military and Veterans Affairs, Office of The Adjutant General, Orders Number 225-1008, dated 13 August 2003; Report of Separation and Record of Service (NGB Form 22); and Army Review Boards Agency Letter, dated 29 January 2008.  


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 records show he was appointed a Reserve Commissioned Officer in the Army National Guard (ARNG), in the rank of second lieutenant (2LT), on 24 August 1991.  He continuously served in various capacities in the ARNG until being honorably discharged, under the provisions of Paragraph
5a(3), National Guard Regulation (NGR) 635-100, by reason of Resignation, on 
1 July 2003.  His record also shows he was ordered to active duty for the period 
25 August through 29 September 1992, to assist local and State law enforcement authorities during Hurricane Andrew, and that as a result of this service, he was awarded the Florida Active State Duty Ribbon.

3.  The applicant's record contains a Florida ARNG Memorandum, dated 
24 August 1993, which awarded him the Florida Service Ribbon, for the period 
28 March 1988 through 27 March 1993.  The record also contains a Recommendation for Award (DA Form 638), dated 15 June 1996, on file in the applicant's record that confirms he was awarded the Florida Meritorious Service Ribbon, for his meritorious service between 1 and 15 June 1996.  His record also contains a Florida ARNG Letter, dated 21 August 1999, which shows he was awarded a second award of the Florida Service Ribbon, for his service during the period 27 March 1993 through 27 March 1998.   

4.  On 5 July 2002, the applicant was ordered to active duty with his Reserve Component (RC) unit in support of OEF.  He served on active duty in Germany and on 23 February 2003, he was honorably released from active duty (REFRAD).  The DD Form 214 he was issued at the time confirms he completed a total of 7 months and 19 days of active military service.   Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not include the ARCOM or the State awards in question, and the applicant authenticated this document with his signature in Item 21 (Signature of Member Being Separated) on the date of his REFRAD.  

5.  On 1 July 2003, the applicant was honorably discharged from the Pennsylvania ARNG, by reason of resignation, after completing a total of 
22 years and 9 days of military service.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) of the NGB Form 22 he was issued at the time shows he earned the following awards:  Good Conduct Medal United States Marine Corps (2nd Award); Sea Service Deployment Ribbon with 3 silver service stars; Army Achievement Medal (2nd Award); Meritorious Unit Citation; National Defense Service Medal (2nd Award); Army Service Ribbon; Humanitarian Service Medal; Army Reserve Component Achievement Medal (3rd Award); Armed Forces Reserve Medal; and Armed Forces Reserve Medal with "M" Device.  

6.  The applicant’s record contains no orders or documents that indicate he was ever recommended for or awarded ARCOM by the proper authority during his military service.  

7.  The applicant provides a DA Form 638, dated 16 October 1997, which lists the ARCOM in Item 13 (Previous Awards).  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-19 provides policy for award of the GWOTSM.  It states, in pertinent part, that it is awarded to all Soldiers, to include Reserve Component (RC) Soldiers, who served on active duty, for 30 consecutive or 60 non-
consecutive days, on or after 11 September 2001.  Paragraph 3-18 contains guidance on award recommendations.  It states, in pertinent part, that individual awards, which include the ARCOM, are required to be submitted on a DA Form 638 (Recommendation for Award), must be approved by the proper authority, and must be announced in official orders.   

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).  Paragraph 2-4 contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 13 state to enter all awards listed in the Army’s awards regulation.  There are no provisions for entering State awards or any other awards not included in the awards regulation on the DD Form 214.

10.  Army Regulation 635-100 (Personnel Separations) prescribes the policy, criteria and procedures governing the separation of commissioned officers of the ARNG.  Chapter 8 states in pertinent part that a Report of Separation and Record of Service (NGB Form 22) will be prepared in triplicate on each officer and warrant officer being separated from the ARNG.  The original will be the officer's copy; however, this copy must be requested in writing.  It further stipulates that when it has been determined from official records that the NGB Form 22 issued to an officer contains an error or omission of pertinent facts, correction may be made by preparing an NGB Form 22a. 

11.  ARNG policy regarding the preparation of the NGB Form 22 requires that all Federal awards from Item 9 and all State Awards from Item 27 of the Personnel Qualification Record (DA Form 2-1) be entered in Item 15 of the NGB Form 22.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of award of the GWOTSM was carefully considered and found to have merit.  The governing regulation provides, in effect, for award of the GWOTSM for 30 consecutive days or 60 nonconsecutive days of active duty service completed after 11 September 2001.  The record confirms the applicant satisfied this active duty requirement by serving on active duty in support of OEF from 17 July 2002 through 23 February 2003.  As a result, he is entitled to the GWOTSM and it should be added to his DD Form 214 at this time. 

2.  The applicant's contention that he earned the Florida Service Ribbon, Active Duty Ribbon, and the Florida Meritorious Service Ribbon was carefully considered and found to have merit.  His record confirms he earned the State awards listed in the preceding paragraph, but there are no regulatory provisions that allow the entry of these State awards on the DD Form 214.  However, it would be appropriate to add these State awards to Item 15 of the applicant's 1 July 2003 NGB Form 22.

3.  The applicant's contention that he was awarded the ARCOM is not corroborated by the evidence of record.  Although the DA Form 638 he provides lists the ARCOM as a previous award, there are no documents on file that indicate he was ever recommended for or awarded the ARCOM by proper authority during his military service.  As a result, there is an insufficient evidentiary basis to grant this portion of the requested relief.   


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x ____  ___x____  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 his entitlement to the Global War on Terrorism Service Medal; and providing him a correction to his 23 February 2003 DD Form 214 that includes this change.  
      
2.  The Board also recommends that The Adjutant General of the State of Pennsylvania amend the records of the individual concerned by amending his 
1 July 2003 NGB Form 22 by adding the Florida Service Ribbon, Florida Active Duty Ribbon, and Florida Meritorious Service Ribbon; and by providing him a correction to his NGB Form 22 that includes these awards.

3.  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 Army Commendation Medal.



      _________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)                                         AR20070016305



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ABCMR Record of Proceedings (cont)                                         AR20070016305


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