IN THE CASE OF:	  	

		BOARD DATE:	 5 May 2009 

		DOCKET NUMBER:  AR20080017967 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal and the Meritorious Unit Commendation.  He further requests to have his completion of the Warrior Leader Course shown on his DD Form 214.

2.  The applicant states, in effect, that although he completed the training and was awarded the aforementioned service medal and unit award, they are not shown on his DD Form 214.  The applicant attributes their omission to the fact that approval documents for the requested updates were not finalized until after his DD Form 214 was prepared.

3.  The applicant provides copies of two memoranda, an award certificate, a DA Form 1059 (Service School Academic Evaluation Report), a course completion certificate, and a DD Form 214 as documentary evidence 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 that he enlisted in the U.S. Army Reserve (USAR) for a period of eight years on 28 October 2000.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty 62J (General Construction Equipment Operator).  The highest rank he attained while serving was the rank of specialist/pay grade E-4.

3.  Headquarters, U.S. Army 77th Regional Support Command, Fort Totten, Flushing, New York, Orders M-043-0191, dated 12 February 2003, ordered the applicant to active duty in support of Operation Enduring Freedom effective 10 February 2003 for a period of 365 days.

4.  77th U.S. Army Regional Readiness Command, Ernie Pyle USAR Center, Fort Totten, New York, Orders A-03-351-0145, dated 17 December 2003, amended Headquarters, U.S. Army 77th Regional Support Command, Fort Totten, Flushing, New York, Orders M-043-0191, dated 12 February 2003, by changing the period of active duty from 365 days to 514 days.

5.  The applicant provides a Memorandum for Record from the Company Commander of the 770th Engineer Company (Construction), Tec 3 Olaf A Frederickson USAR Center, Penn Yan, New York, dated 17 March 2004, Subject:  Award of the Global War on Terrorism Expeditionary Medal, Operation Noble Eagle and Operation Enduring Freedom.  This memorandum was prepared to document the applicant's award of the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal in recognition of his mobilization in support of Operation Enduring Freedom.

6.  The applicant's DD Form 214 shows he was ordered to active duty in support of Operation Enduring Freedom and served for the period 10 February 2003 through 26 January 2004, a total of 11 months and 17 days.  This DD Form 214 also shows the applicant served in Kuwait and Iraq during the period 8 May 2003 through 2 January 2004, a total of 7 months and 25 days.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows receipt of:  the National Defense Service Medal, the Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon.  This form does not show award of either the Global War on Terrorism Expeditionary Medal or the Meritorious Unit Commendation.  Item 14 (Military Education) of this form does not show completion of the Warrior Leader Course.

8.  The applicant's Official Military Personnel File does not contain any documentation showing award of either the Global War on Terrorism Expeditionary Medal or the Meritorious Unit Commendation.  

9.  The applicant provides an undated memorandum from the Chief of the Military Awards Branch of the U.S. Army Human Resources Command, Alexandria, Virginia, Subject:  Meritorious Unit Commendation.  This memorandum shows that award of the Meritorious Unit Commendation to the 111th Engineer Group and subordinate units was approved for the period of 16 May 2003 through 16 November 2003.  The applicant also provides a Department of the Army Certificate, dated 30 April 2004, commemorating the aforementioned award for meritorious service in support of military operations.  A query of the unit award database maintained by U.S. Army Human Resources Command, shows approval of this award and indicates that issuance of the Department of the Army General Orders is still pending.

10.  The applicant provides a DA Form 1059, dated 20 May 2007, which shows he successfully completed the Warrior Leader Course provided at the U.S. Army Noncommissioned Officer Academy, located at Fort Dix, New Jersey.  The duration of the course was for the period of 6 May 2007 through 20 May 2007.  The applicant also provides a Certificate of Completion which shows he success-fully completed the aforementioned course.  These documents are also present in the applicant's Official Military Personnel File

11.  Headquarters, 412th Engineer Command, Vicksburg, Mississippi, Orders 
08-288-00012, dated 14 October 2008, discharged the applicant from the U.S. Army Reserve with an honorable characterization of service effective 27 October 2008.

12.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.

13.  Service members may be awarded both the Global War on Terrorism Expe-ditionary Medal and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award.  
14.  Army Regulation 600-8-22 states, in pertinent part, that the Meritorious Unit Commendation is awarded for outstanding wartime service of at least six contin-uous months.  Stateside units and those outside the area of operations are excluded.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, 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.  Paragraph 2-4 (Completing the DD Form 214) of this regulation provides that only formal in-service training courses completed during the period of service covered by the DD Form 214 should be entered in item 14 of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Global War on Terrorism Expeditionary Medal and the Meritorious Unit Commendation.  He also contends that his completion of the Warrior Leader Course should be annotated on his DD Form 214.

2.  Evidence shows the applicant served a qualifying period of service in Kuwait and Iraq for award of the Global War on Terrorism Expeditionary Medal.  Therefore, the applicant is entitled to have his record corrected to show award of Global War on Terrorism Expeditionary Medal.

3.  Evidence shows the applicant served a qualifying period of service for the Global War on Terrorism Service Medal.  Therefore, the applicant is entitled to have his record corrected to show award of Global War on Terrorism Service Medal.

4.  Evidence shows the applicant's unit was awarded the Meritorious Unit      Commendation for meritorious service in support of military operations during his tenure of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Meritorious Unit Commendation.

5.  Evidence shows the applicant attended and completed the Warrior Leader Course after the period of active duty covered by his DD Form 214.  Therefore, item 14 of the applicant's DD Form 214 was properly constituted based upon contemporaneous information and requires no correction.  

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 to show award of the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, and the Meritorious Unit Commendation.

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 correction of his DD Form 214 to show completion of the Warrior Leader Course.



      _______ _   __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)                                         AR20080017967





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ABCMR Record of Proceedings (cont)                                         AR20080017967



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