DOCKET NUMBER:  AR20090001260 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to include the award of the Army Achievement Medal.  He also requests that the Global War on Terrorism Service Medal be added to his DD Form 214.

2.  The applicant states that the Army Achievement Medal was omitted from his DD Form 214 when it was prepared during his retirement out-processing.  He states that he recently discovered that it had been omitted when he was comparing his DD Form 214 to his resume.  He states that he also learned that all Soldiers on active duty on or after 11 September 2001, to a date to be determined having served 30 consecutive days are authorized the Global War on Terrorism Service Medal and therefore, he would like to have this medal added to his official record.

3.  The applicant provides in support of his application, the certificate awarding him the Army Achievement Medal; a copy of Permanent Order 70-2 dated 11 October 1988, awarding him the Army Achievement Medal, a copy of a Congressional Record dated 19 December 2001; a copy of his DD Form 214; and a copy of excerpt from Army Regulation 600-8-22 (Military Awards).

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 5 June 1972, the applicant accepted an appointment as a commissioned officer in the Regular Army in the rank of second lieutenant.  He was awarded a military policeman military occupational specialty and he was promoted through the ranks to colonel.

3.  On 11 October 1988, Permanent Order 70-2 was published by the Headquarters, 14th Military Police Brigade, awarding the applicant the Army Achievement Medal for meritorious achievement for the period 5 September 1988 through 23 September 1988.

4.  After completing 29 years, 9 months and 26 days of net active service, the applicant was honorably retired on 31 March 2002, under the provision of Army Regulation 600-8-24, due to completing sufficient service for retirement.  He was placed on the retired list in the rank of colonel on 1 April 2002.

5.  The DD Form 214 that the applicant was furnished at the time of his retirement shows that he was awarded the Distinguished Service Medal, the Defense Superior Service Medal, the Legion of Merit (Fourth Award), the Meritorious Service Medal (Fourth Award), the Army Commendation Medal (Second Award), the National Defense Service Medal (Second Award), the Army Service Ribbon, the Overseas Service Ribbon (Second Award).  However, the Army Achievement Medal was not included on his DD Form 214.

6.  The applicant’s DD Form 214 also shows that he had 6 years, 3 months and 27 days of foreign service while he was in the Army and his Officer Record Brief shows that his foreign service consists of service in Germany.  However, the exact dates of his service in Germany are unclear.

7.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be amended to include the award of the Army Achievement Medal and that he should be awarded the Global War on Terrorism Service Medal.

2.  His contentions have been noted and they are determined to have merit.  Permanent Order 70-2 was published on 11 October 1988 awarding the applicant the Army Achievement Medal for meritorious achievement for the period 5 September 1988 through 23 September 1988.  Therefore, this award should be included on his DD Form 214.

3.  In accordance with the Human Resources Command Message (Date Time Group 17 March 2004) the applicant is also entitled to the Global War on Terrorism Service Medal based on his service on active duty on and after 11 September 2001.

4.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

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 


awarding him the Global War on Terrorism Service Medal and amending his DD Form 214 to show that he was awarded the Army Achievement Medal and the Global War on Terrorism Service 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)                                         AR20090001260



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ABCMR Record of Proceedings (cont)                                         AR20090001260



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