IN THE CASE OF:	  

		BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090003919 


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 show award of the Global War on Terrorism Service Medal.

2.  The applicant states he served on active duty from 13 April 1983 to 30 April 2003.  He also states that in March 2004 the senior Army leadership authorized award of the Global War on Terrorism Service Medal for service in support of the Global War on Terrorism on or after 11 September 2001.  He adds that he had already retired from active duty and, as a result, his DD Form 214 does not show he was authorized award of the service medal.

3.  The applicant provides, in support of his application, copies of his DD Form 214; a Standard Form 813 (Verification of a Military Retiree's Service in Non-Wartime Campaigns or Expeditions), dated 8 January 2009; and the Global War on Terrorism Service Medal award criteria.

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 entered active duty in the Regular Army on 13 April 1983.  Upon completion of training, he was awarded military occupational specialty (MOS) 13N (Lance Missile Crewmember).  His primary MOS was subsequently designated MOS 13M (Multiple Launch Rocket System Crewmember).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record), which he last audited on 25 April 2000, shows in:

   a.  Item 5 (Oversea Service), in pertinent part, he served in the Republic of Korea (ROK) from 28 June 1994 through 20 June 1995 and he completed a
12-month normal tour.

   b.  Item 9 (Awards, Decorations and Campaigns) he was authorized award of the Army Commendation Medal (3rd Award), Army Achievement Medal
(3rd Award), Army Good Conduct Medal (5th Award - 12 April 1998), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral "2," Army Service Ribbon, Overseas Service Ribbon
(3rd Award), Driver and Mechanic Badge with Driver "T" Bar, and Expert Marksmanship Qualification Badge with (M-16) Rifle and Hand Grenade Bars.

4.  A DA Form 4980-12 (The Meritorious Service Medal Certificate) shows the applicant was awarded the Meritorious Service Medal for outstanding meritorious service while assigned to numerous positions of increased responsibility from
30 April 1993 to 30 April 2003 per Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, Permanent Order Number 338-005, dated
4 December 2002.

5.  The applicant's DD Form 214 shows he entered active duty on 13 April 1983, was honorably retired from active duty on 30 April 2003 based on sufficient service for retirement, and transferred to the U.S. Army Reserve Control Group (Retired).

   a.  Item 12 (Record of Service), in pertinent part, shows he completed 20 years and 18 days of net active service this period, and 2 months and 1 day of total prior inactive service.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), coupled with Item 18 (Remarks), shows he was awarded the Meritorious Service Medal, Army Commendation Medal
(3rd Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (5th Award), National Defense Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral "2," Army Service Ribbon, Overseas Service Ribbon (3rd Award), Expert Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with Mechanic Bar.

6.  In support of his application, the applicant provides a copy of a Verification of a Military Retiree's Service in Non-Wartime Campaigns or Expeditions, dated
8 January 2009.  This document shows, in pertinent part, the applicant was credited with Korea Defense Service (i.e., non-wartime campaign and expeditious service) for the period from 28 June 1994 to 20 June 1995; however, he was not credited with service during the Global War on Terrorism.
 
7.  A review of the applicant's military personnel records shows that he may be authorized additional awards that are not shown on his DD Form 214.

   a.  There is no evidence the applicant was awarded the Good Conduct Medal for the period 13 April 1998 to 12 April 2001.  The applicant's records do not contain any adverse information, records show he served honorably and was awarded the Meritorious Service Medal during this period of service, and there is no evidence the applicant's commander denied him award of the Good Conduct Medal.

	b.  Headquarters, 4th Battalion, 12th Field Artillery (Lance), Permanent Order 56-3, dated 12 December 1990, shows, in pertinent part, the applicant was awarded the Driver and Mechanic Badge with Driver - "W" (Wheeled Vehicles) Bar for the period of service from 8 August 1988 to 14 August 1990.

	c.  Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, Permanent Order 242-11, dated 30 August 1999, shows the applicant was awarded the Driver and Mechanic Badge with Driver - "T" (Tracked Vehicles) Bar for the period of service from 1 August 1998 to 1 August 1999.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal.  The specific award criteria provides:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the ROK, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

10.  Army Regulation 600-8-22 provides 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 non-consecutive days are authorized this award.  

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

12.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214. Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Global War on Terrorism Service Medal for his active duty service on and after 11 September 2001.

2.  Records show the applicant qualified for award of the Global War on Terrorism Service Medal for his service in support of the Global War on Terrorism outside the area of eligibility for award of the Global War on Terrorism Expeditionary Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show award of this service medal.

3.  Records show the applicant served a qualifying period of service in the ROK for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show award of this service medal.

4.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (6th Award).  Therefore, it would be appropriate to approve this award.

5.  Permanent orders awarded the applicant the Driver and Mechanic Badge with Driver - "W" and Driver - "T" Bars.  In addition, the applicant's DD Form 214 shows he was awarded the Driver and Mechanic Badge with Mechanic Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show the Driver and Mechanic Badge with the corresponding authorized component bars.

6.  Records show the applicant qualified Expert with the M-16 rifle and hand grenade.  Therefore, it would be appropriate to correct his records to show award of the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

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:

   a.  awarding the applicant the Army Good Conduct Medal (6th Award) for exemplary conduct, efficiency, and fidelity for the period 13 April 1998 to
12 April 2001;

   b.  deleting from item 13 of his DD Form 214 the Army Good Conduct Medal (5th Award), Expert Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with Mechanic Bar; and
   
   c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal
(6th Award), Korea Defense Service Medal, Global War on Terrorism Service Medal, Driver and Mechanic Badge with Driver - "W," Driver - "T," and Mechanic  Bars, and Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.



      _______ _   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)                                         AR20090003919



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ABCMR Record of Proceedings (cont)                                         AR20090003919



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