IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090004029 


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 an amended application, that the award of the Air Force Organizational Excellence Award (AFOEA) be deleted from his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that he be awarded the Iraq Campaign Medal (ICM) with one bronze service star in lieu of his already-awarded Global War on Terrorism Expeditionary Medal (GWOTEM), the Armed Forces Expeditionary Medal (AFEM), the National Defense Service Medal (NDSM) with one bronze service star, and that his Reserve Obligation Termination Date be changed to 2004. 

2.  The applicant states that he was never awarded the AFOEA and attempted to have it removed twice.  He goes on to state that he desires to be awarded the ICM with one bronze service star in lieu of his already-awarded GWOTEM and he desires to be awarded the AFEM for his service in Bosnia while participating in Operation Joint Forge from June 2002 to September 2002.  He continues by stating that his DD Form 214 should also reflect his award of the NDSM with one service star; however, it was omitted at the time of preparation.  He further states that his Reserve Obligation Termination Date was incorrectly reflected as 5 December 2008; however, he had inactive service in the U.S. Army Reserve (USAR) between 1996 and 2000; therefore, his termination date should have been in 2004.  

3.  The applicant provides no additional documents with his application.  However, he amended his application through electronic mail (email) to the staff of the Board.

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 was appointed as a USAR second lieutenant on 26 July 1996 upon completion of the Reserve Officers' Training Corps (ROTC) Program, and he was granted an educational delay from entry on active duty to attend law school effective in August 1996.  He acknowledged at that time that he understood that he had an 8-year service obligation as a commissioned officer and he was transferred to the USAR Control Group (Officer Active Duty Obligor (OADO)), which is a control group of the Individual Ready Reserve (IRR).

3.  On 4 January 2000, he was appointed as a first lieutenant in the Judge Advocate Generals' (JAG) Corps with 3 years of constructive credit.  He was ordered to active duty on 7 January 2000 with a date of rank of 7 July 1998.  He attended his officer basic course and basic airborne course and he was promoted to the rank of captain (CPT) on 15 September 2000.  His initial assignment was to the United States Military Academy (USMA), West Point, NY.

4.  The applicant deployed to Bosnia-Herzegovina in support of the Operation Joint Forge peacekeeping mission from 7 June 2002 to 13 September 2002, where he served as the command judge advocate for Area Support Group (ASG) Eagle.  He returned to the USMA and to his duties as an assistant professor, where he remained until 2 June 2003, when he was transferred to Headquarters and Headquarters Company, 82d Airborne Division, Fort Bragg, NC for duty as a trial counsel.  He deployed to Iraq in support of Operation Iraqi Freedom on      30 June 2003 and he served during the Transition of Iraq campaign until 28 January 2004, when he was returned to Fort Bragg.

5.  On 5 December 2004, the applicant was honorably released from active duty (REFRAD) due to miscellaneous/general reasons.  He had served 4 years, 10 months, and 29 days of total active service and his DD Form 214 issued at 
the time of his REFRAD reflects in block 6. that his Reserve Obligation Termination Date was 2008/01/03.  In block 12e, under Total Prior Inactive Service, is the entry "0000 00 00."

6.  Block 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Bronze Star Medal, Army Commendation Medal, Army Achievement Medal (2d award), AFOEA, GWOTEM, Global War on Terrorism Service Medal, Army Service Ribbon, North Atlantic Treaty Organization (NATO) Medal, Parachutist Badge, and the Air Assault Badge.

7.  A review of the applicant's records failed to show that he was ever awarded or was assigned to a unit that was awarded the AFOEA.

8.  Military Personnel Message Number 02-150, subject:  Reinstatement of the National Defense Service Medal, referenced Office of the Deputy Secretary of Defense Memorandum, same subject, dated 26 April 2002.  The memorandum authorized reinstatement of the National Defense Service Medal.  It stated that the National Defense Service Medal is awarded for honorable active service and includes the following inclusive periods:  27 June 1950 through 27 July 1954; 1 January 1961 through 14 August 1974; 2 August 1990 through 30 November 1995; and 11 September 2001 to a date to be determined.  It stated that, as a one-time only exception, members of the Army National Guard and the USAR who were part of the Selected Reserves in good standing were authorized the National Defense Service Medal per Executive Orders Number 12778, dated 18 October 1991, for the period 2 August 1990 through 30 November 1995.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. 
operations of assistance to friendly foreign nations.  Qualifications for this award include the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 non-consecutive days provided this support involves entering the area of operations.  The regulation also provides that the AFEM may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been 

met.  The designated military operations and dates of eligibility for this award during Operation Joint Forge in the former Republic of Yugoslavia is from
21 June 1998 to a date to be determined.

10.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and            28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  The following campaign periods have been authorized:  Liberation of Iraq, 19 March 2003 through 1 May 2003; Transition of Iraq, 2 May 2003 through 28 June 2004; Iraqi Governance, 29 June 2004 through 15 December 2005, and National Resolution, 16 December 2005 through a date to be determined.  One bronze service star is authorized for wear on the Iraq Campaign Medal for each campaign participation credit.

11.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) provides, in pertinent part, that effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.  A contractual obligation is acquired when an individual voluntarily enters into an agreement to serve in a military status for a specified period of service.

12.  The Air Force Organizational Excellence Award (AFOEA) is a decoration of the United States Air Force is the lowest ranking unit award and is awarded to Air Force internal organizations that are entities within larger organizations.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that will be furnished each individual separated from the Army and establishes standardized procedures for the 
preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It also established standardized policy for the preparation of the DD Form 214.  It states that for block 23 (Type of Separation) enter the appropriate term listed below:

   a.  Release from active duty.
   
b.  Discharge.

c.  Retirement.

d.  Release from active duty and order to active duty in another status.

e.  Release from ADT.

f.  Release from custody and control of the Army.

g.  Release from ADT and discharge from the Reserve of the Army and return to the ARNG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that block 6 of his DD Form 214 is incorrect has been noted and appears to have merit.  The applicant was commissioned in the 
USAR as a second lieutenant on 26 July 1996, with an 8-year service obligation.  He remained in the USAR Control Group (OADO) until he was appointed as a JAG first lieutenant on 4 January 2000 and he was ordered to active duty on
7 January 2000.  Accordingly, his statutory service obligation should have been computed from 26 July 1996 and it should have ended on 25 July 2004, which was prior to his REFRAD on 5 December 2004.  Accordingly, block 6 of his DD Form 214 should reflect the entry "0000 00 00."

2.  The applicant's contention that the AFOEA should be deleted from his DD Form 214 has also been noted and found to have merit.  The evidence of record fails to show and the applicant confirms that he was never in a unit that was awarded the AFOEA.  Accordingly, that award should be deleted from his DD Form 214.

3.  The applicant's contention that he is entitled to award of the AFEM has been noted and found to have merit.  The applicant served in support of Operation Joint Forge from 7 June to 13 September 2002 and meets the criteria for award of the AFEM.  Accordingly, he should be awarded the AFEM at this time.

4.  The applicant's request for the ICM with one bronze service star in lieu of the GWOTEM has also been noted and has merit.  The applicant is entitled to elect award of the ICM instead of the GWOTEM during a qualifying period of service.  He is also entitled to one service star to denote his campaign participation.  Accordingly, his records should be amended to delete the GWOTEM and add the ICM with one bronze service star.

5.  The applicant's contention that he is entitled to award of the NDSM with one bronze service star has been noted and found to be without merit.  While the applicant is entitled to award of the NDSM for his active duty service starting on 11 September 2001, it does not appear that he qualifies for award of the NDSM for his service in the USAR Control Group (OADO) while attending law school because the NDSM was not authorized during that time period nor while he was in ROTC because he was not a member of the Selected Reserve during that time period.  Accordingly, it appears that he is only entitled to one award of the NDSM.

6.  The applicant's contention that block 12e of his DD Form 214 should reflect his total prior inactive service has been noted and found to have merit.  The applicant was a member of the USAR from 26 July 1996 until he was ordered to active duty on 7 January 2000.  Accordingly, he served 3 years, 5 months, and 12 days of prior inactive service; therefore, he is entitled to have that service entered in block 12e of 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:

	a.  deleting from block 6 of his DD Form 214 the entry "2008 01 03" and replacing it with the entry "0000 00 00";

	b.  deleting from block 12e of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0003 05 12";

	c.  deleting from block 13 of his DD Form 214 the AFOEA and the GWOTEM; and

   d.  adding to block 13 of his DD Form 214 the ICM with one bronze service star, AFEM, and the NDSM.

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 a second award of the NDSM in the form of a bronze service star. 

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  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)                                         AR20090004029



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ABCMR Record of Proceedings (cont)                                         AR20090004029



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