IN THE CASE OF:	  

	BOARD DATE:	  10 JUNE 2008

	DOCKET NUMBER:  AR20080003322 


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 that his separation document (DD Form 214) be corrected by adding all medals and awards to include the Armed Forces Expeditionary Medal, Army Good Conduct Medal, Army Commendation Medal, Southwest Asia Service Medal, Army Achievement Medal, and any combat awards.

2.  The applicant states, in effect, his DD Form 214 should be corrected to show all the medals and awards because they were omitted.

3.  The applicant provides a copy of his DD Form 214.

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 personnel record shows he enlisted in the Regular Army on 21 August 2000.  He completed the necessary training and was awarded the military occupational specialty 14R (Bradley Linebacker Crewmember).

3.  His personnel record does not contain any information that shows he served and successfully completed any overseas tour.  However, it does show he was absent without leave (AWOL) during the period 8 March 2001 through 14 March 2001 for a total of 6 days of time lost.

4.  Subsequently, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on  
20 December 2003.  He completed 3 years and 4 months of Net Active Service This Period.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Global War on Terrorism Service Medal, Army Lapel Button, and Army Service Medal.  However, it does not show the awards of the Armed Forces Expeditionary Medal, Army Good Conduct Medal, Army Commendation Medal, Southwest Asia Service Medal, Army Achievement Medal, and combat awards.

6.  The applicant's personnel records do not contain any general orders awarding him the Armed Forces Expeditionary Medal, Army Good Conduct Medal, Army Commendation Medal, Southwest Asia Service Medal, Army Achievement Medal, or combat awards for his active duty tour ending 20 December 2003.

7.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for  
30 consecutive or 60 nonconsecutive days. 

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  

11.  The applicant's personnel record contains a copy of a DA Form  
638 (Recommendation for Award) for the Army Achievement Medal.  However, this award recommendation was requested by the Army National Guard unit for the period of 19 June 2007 to 30 June 2007, which is after the period of his active duty tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by adding all medals and awards to include the Armed Forces Expeditionary Medal, Army Good Conduct Medal, Army Commendation Medal, Southwest Asia Service Medal, Army Achievement Medal, and any combat awards.

2.  There is no evidence in the applicant's personnel record that shows he is authorized the award of the Armed Forces Expeditionary Medal, Army Good Conduct Medal, Army Commendation Medal, Southwest Asia Service Medal, Army Achievement Medal, and any combat awards during his active duty tour, which ended on 20 December 2003.  In addition, his personnel record shows he was AWOL during the period 8 March 2001 through 14 March 2001 for a total of 6 days of time lost. Therefore, he is not entitled to correction of his DD Form  
214 to add any of these awards.

3.  The award recommendation for the Army Achievement Medal was recommended by the applicant's Army National Guard unit for the period 19 June 2007 to 30 June 2007, which was after the period of his active duty tour.  As such, he is not entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X_____  __X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




       _   __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)                                         AR20080003322





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ABCMR Record of Proceedings (cont)                                         AR20080003322



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