IN THE CASE OF:	  

	BOARD DATE:	  8 January 2009

	DOCKET NUMBER:  AR20080017389


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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Armed Forces Reserve Medal with "M" Device.

2.  The applicant states that these awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214, active duty orders, Officer Evaluation Report ending in June 2004, and his separation orders.

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.  On 13 December 1996, the applicant enlisted in the Alabama Army National Guard (ARNG) in the rank of specialist, pay grade E-4.  He served on active duty for training from 10 November 1997 through 23 January 1997 and was awarded military occupational specialty 82D (Topographic Surveyor).  He was released from active duty and served as an enlisted member of the Alabama ARNG until 4 June 2002.

3.  The applicant's Report of Separation and Record of Service (NGB Form 22E) shows that on 5 June 2002 the applicant entered the Alabama ARNG as a first lieutenant, Medical Service Corps.  He completed the Army Medical Officer Basic Course and the Sanitary Engineer Course in January 2003.

4.  On 27 January 2003, the applicant was ordered to active duty as a member of his Reserve Component unit (161st Medical Battalion) in support of Operation Enduring Freedom/Iraqi Freedom.  He served in Iraq and Kuwait from 15 April 2003 to 24 June 2003.

5.  On 19 February 2004, the applicant was discharged from active duty due to a physical disability that existed prior to service.  He completed 1 year and 23 days of creditable active duty service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Commendation Medal, Army Achievement Medal, Army Reserve Components Achievement Medal (2nd Award), Army Service Ribbon, and the Army Lapel Button.  It does not show award of the National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, or the Armed Forces Reserve Medal with "M" Device.

7.  On 20 February 2004, the applicant was discharged from the Alabama ARNG and as a Reserve of the Army.  He had completed a total of 7 years, 2 months, and 8 days of military service.

8.  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.  

9.  Army Regulation 600-8-22, provides for award of the Armed Forces Reserve Medal.  It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The “M” Device is authorized for wear on the Armed Forces Reserve Medal by members of the Reserve Components who are called or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designed by the Secretary of Defense, as defined in Section 101(A)(13) of Title 10, United States Code.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  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 this award.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Global War on Terrorism Expeditionary Medal for Soldiers who deploy abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria:  a) be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility; or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show award of the National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Armed Forces Reserve Medal with "M" Device.

2.  Records clearly show that the applicant served a qualifying period for award of the National Defense Service Medal, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.  Therefore, these awards should be shown on his DD Form 214.

3.  Records clearly show that the applicant was ordered to active duty in support of a qualifying operation for award of the Armed Forces Reserve Medal with "M" Device.   Therefore, this award should be shown on his DD Form 214.

BOARD VOTE:

____X___  ___X____  ___X___  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 by showing in addition to the awards already shown on his DD Form 214, that his awards include the National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080017389



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