IN THE CASE OF:	  

		BOARD DATE:	  14 April 2009

		DOCKET NUMBER:  AR20090002424 


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 the Meritorious Service Medal (MSM), Army Commendation Medal (ARCOM), North Atlantic Treaty Organization (NATO) Medal, Afghanistan Campaign Medal (ACM), Overseas Service Ribbon (OSR), and Combat Action Badge (CAB) be added to item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, all of his earned awards should be included on his DD Form 214 and that it is his belief that the awards in question were omitted from his separation document due to the short period of time between his return from theater and his separation from the Army.

3.  The applicant provides a wartime service memorandum, CAB orders, award recommendations (DD Forms 638), and a DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he was appointed a Reserve commissioned officer, in the rank of second lieutenant, and entered active duty in that status on 10 August 2004.  It also shows he was trained in, awarded, and served in military occupational specialty 21A (Engineer).

2.  The applicant’s official military personnel file (OMPF) contains an MSM certificate that shows he was awarded the MSM for meritorious service while deployed in support of Operation Enduring Freedom (OEF) during the period 22 December 2007 to 21 December 2008, and that this award was authorized and announced in official orders published on 13 October 2008.

3.  On 15 January 2009, the applicant was honorably released from active duty after completing a total of 4 years, 5 months, and 6 days of active military service.  Item 12 (Foreign Service) of the DD Form 214 he was issued at the time confirms he completed 1 year and 2 days of overseas service.  Item 13 shows he earned the National Defense Service Medal (NDSM), Global War on Terrorism Service Medal (GWOTSM), Army Service Ribbon (ASR) and the Parachutist Badge during his tenure on active duty.

4.  The applicant provides a DA Form 638, dated 12 July 2007, which shows he was recommended for the ARCOM for his meritorious service during the period 11 February 2005 through 13 July 2007 and that this award was approved by the awards approval authority and authorized and announced in Headquarters, Garrison Command, Fort Leonard Wood, Missouri, Permanent Order Number 194-01, dated 13 July 2007.  He also provides a DA Form 638, dated 1 October 2008, which shows he was recommended for the MSM for his meritorious service in Afghanistan from 22 December 2007 through 21 December 2008, and that this award was approved by the awards approval authority and authorized and announced in Combined Joint Task Force Phoenix, Permanent Order Number 287-02, dated 13 October 2008.

5.  The applicant also provides Combined Security Transition Command, Kabul, Afghanistan, Permanent Orders Number 148-054, dated 27 May 2008, which awarded him the CAB for the period 7 March 2008.  He also provides a wartime service memorandum issued by the Afghan Regional Security Integration Command-West on 21 November 2008 which shows he served in Afghanistan in support of OEF from 22 December 2007 to on or about 15 December 2008.  It also indicates he was eligible to wear the shoulder sleeve insignia-former wartime service (SSI-GWOTSM) and to receive the ACM, OSR, and NATO Medal at the end of his tour.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-16 provides guidance on award of the ACM.  It provides, in pertinent part, that the ACM is authorized for 30 consecutive or 60 nonconsecutive days of service in Afghanistan on or after 24 October 2001 to a future date to be determined by the Secretary of Defense.  The authorized campaigns for the ACM are the Liberation of Afghanistan for the period 11 September 2001 to 30 November 2001, Consolidation I for the period 1 December 2001 to 30 September 2006, and Consolidation II for the period 1 October 2006 to a date to be determined.  Army Regulation 600-8-22 states, in pertinent part, that service stars are worn on campaign medals to denote participation in a named campaign.

7.  Paragraph 5-4 of the awards regulation provides guidance on the OSR.  It states, in pertinent part, that all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

8.  Paragraph 8-8 of the awards regulation contains guidance on the CAB.  It states, in pertinent part, that in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; he/she must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; and he/she must be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The CAB is authorized from 18 September 2001 to a date to be determined.  The regulation stipulates that the award is not authorized for qualifying service in any previous conflict.

9.  Paragraph 9-11 of the awards regulation contains guidance on the NATO Medal.  It states, in pertinent part, that it was authorized for operations related to the International Security Assistance Force in Afghanistan from 1 June 2003 to a date to be determined.

10.  Army Regulation 635-5 (Separation Documents) prescribes the policy for separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214 and contains item-by-item instructions that indicates, in pertinent part, that item 13 will contain all awards and decorations for all periods of service.  The instructions for item 18 state, in pertinent part, that for active duty Soldiers deployed with their units, the entry will show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to additional awards not shown on his DD Form 214 has been carefully considered and found to have merit.  The evidence of record combined with the DA Forms 638 and official orders submitted by the applicant confirm he was awarded the MSM, ARCOM, and CAB by the appropriate award authority and that these awards were authorized and announced in official orders.  Therefore, it would be appropriate to add them to his record and item 13 of his DD Form 214 at this time.

2.  In addition, the evidence of record also confirms the applicant served in Afghanistan from 22 December 2007 to 21 December 2008, as evidenced by the MSM award recommendation in his OMPF.  Based on this service, he is also eligible for the ACM with one bronze service star, NATO Medal, and OSR, as confirmed by the wartime service memorandum he provided.  Accordingly, it would also be appropriate to add these awards to his record and separation document at this time, and to add the entry "SERVICE IN AFGHANISTAN FROM 20071222-20081221" to item 18 of 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 amending his DD Form 214 by adding the MSM, ARCOM, ACM with one bronze service star, NATO Medal, OSR, and CAB to item 13 and by adding the entry "SERVICE IN AFGHANISTAN FROM 20071222-20081221" to item 18; and by providing him a correction to his DD Form 214 that includes these changes.



      _________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)                                         AR20090002424



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ABCMR Record of Proceedings (cont)                                         AR20090002424



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