IN THE CASE OF:	  

		BOARD DATE:	        21 MAY 2009

		DOCKET NUMBER:  AR20080018465 


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 National Defense Service Medal (NDSM) and that his military records be corrected to show award of the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant essentially states that both the NDSM and the GWOTSM require 30 days of consecutive service or 60 days of nonconsecutive service during a time specified by the President of the United States, which in his case, was from 11 September 2001 to a date to be determined.  He also states that the GWOTSM carries the additional requirement that service be in support of the Global War on Terrorism.  He further contends, in effect, that a letter from the Chief, Military Awards Branch of the United States Army Human Resources Command, states that his entitlement to award of the GWOTSM has been verified.  Additionally, he essentially contends that from 11 September 2001 to 30 November 2006 he provided legal assistance to deploying Soldiers which included, but was not limited to, issues of probate, custody, powers of attorney, etc., and that his service far exceeds the 60 days of nonconsecutive service required and that he directly supported forward-deployed Soldiers.

3.  The applicant provides a continuation sheet and a letter, dated 28 August 2008, from the United States Army Human Resources Command Military Awards Branch to a Member of Congress in support of this application.


CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed as a first lieutenant in the United States Army Reserve (USAR) Judge Advocate General's Corps on 28 January 1998.  He was initially assigned to the 12th Legal Support Organization, 81st Regional Support Command, Fort Jackson, South Carolina.  He was then reassigned to Headquarters and Headquarters Company, 360th Civil Affairs Brigade, at Fort Jackson.  He was promoted to captain on 1 March 2002.  He was last assigned to the 81st Regional Readiness Group at Fort Jackson and was honorably discharged on 8 December 2006.

2.  There is no evidence in the applicant's military records which shows that he was ever mobilized.  His ARPC Form 249-E (Chronological Statement of Retirement Points), dated 28 February 2009, essentially shows that he earned no more than 23 active duty points in any given retirement year.

3.  The applicant provided a memorandum, dated 28 August 2008, from the United States Army Human Resources Command Military Awards Branch to a Member of Congress.  This letter essentially states that it verified the applicant's entitlement to award of the GWOTSM and issued the medal to him.

4.  In the processing of this case, a staff member of the Board contacted officials of the United States Army Human Resources Command Military Awards Branch to ascertain if in fact the applicant had been awarded the GWOTSM.  Officials at that agency verified that a determination had been made that the applicant was entitled to award of the GWOTSM and that the medal set had been issued to him.  Officials at that agency also opined that it was a judgment call to award him the medal and that they were comfortable with the call.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the NDSM is awarded for honorable active service for any period between 11 September 2001 to a date to be determined.  During this period, service members in the following categories will not be eligible for the NDSM:

	a.  members of the Army National Guard and USAR on short tours of duty to fulfill training obligations under an inactive duty training (IDT) program;

	b.  any service member on temporary duty or temporary active duty to serve on boards, courts, commissions, and like organizations; or

	c.  any service member on active duty for the sole purpose of undergoing a physical examination.

6.  Additionally, Army Regulation 600-8-22 provides, in pertinent part, that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside the designated areas of eligibility for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty including Reserve Component Soldiers mobilized and National Guard Soldiers activated on or after 11 September 2001 to a date to be determined that have served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the NSDM and that his military records should be corrected to show the award of the GWOTSM.

2.  While the applicant served on active duty after 11 September 2001, his records show that he did so only as a member of the USAR in short tours of duty to fulfill training obligations.  As a result, there is no basis for awarding him the NDSM.

3.  While it appears that the applicant, who was a member of the USAR, was never mobilized, and did not meet the regulatory requirement for award of the GWOTSM, the fact that the United States Army Human Resources Command Military Awards Branch indicated that it verified the applicant's entitlement to award of the GWOTSM and the fact that it issued the GWOTSM to the applicant, serves as a sufficient basis to add the award of the GWOTSM to his records.  

4.  The Board has a long-standing history of not making applicant's worse off than when they apply to the Board.  Accordingly, the Board will honor the Army's decision to award him the GWOTSM by adding it to his DD Form 214.







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 that he was awarded the GWOTSM.

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 award of the NDSM.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________XXX________________
                 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)                                         AR20080018465



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ABCMR Record of Proceedings (cont)                                         AR20080018465



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