IN THE CASE OF:	  

		BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090004210 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by:

   a.  showing his home of record (HOR) as "Prichard, AL 36610" instead of "Hephzibah, GA 30815"; 

   b.  adding an additional award of the Meritorious Service Medal and the Army Commendation Medal; and 

   c.  adding the Korea Defense Service Medal, Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal.
   
2.  The applicant states that the address shown on his DD Form 214 is the address where he officially retired, not the address he used when he entered the Army.  He adds that the awards that he addressed were approved and/or awarded after his retirement date.

3.  The applicant provides in support of his application his DD Form 214, dated 30 September 2003; a copy of his retirement orders, dated 22 April 2003; a copy of a DA Form 638 (Recommendation for Award) and certificate, dated 
6 November 2003, showing award of the Meritorious Service Medal; a copy of a certificate and a DA Form 638, dated 19 February 2003, showing award of the Army Commendation Medal; a copy of his DA Form 2-1 (Personnel Qualification Record); a copy of his Enlisted Record Brief, dated 13 March 2003; and a copy of All Army Activities (ALARACT) Message, dated 17 March 2004, subject: Global War on Terrorism Service and Expeditionary Medals Implementing Instructions.

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's records show he enlisted in the Regular Army for a period of 3 years on 27 September 1983.  Item 5 (Home Address) of his DD Form 4 (Enlistment Record-Armed Forces of the U.S.) shows his HOR at the time of enlistment as "Mobile, AL 36610." 

3.  The applicant's records further show he executed a series of extensions and/or reenlistments in the Regular Army.  His HOR was identified on some of his DD Forms 4 as "330 E*** Drive, Mobile AL 36610" while others listed his HOR as "3300 E*** Drive, Prichard AL 36610."

4.  The applicant's records also show he served in Korea from on or about 28 October 1987 to 26 October 1988 and from on or about 15 August 2000 to 
20 August 2001.

5.  The applicant was honorably retired on 30 September 2003 and placed on the retired list in the rank of SFC on 1 October 2003.  The DD Form 214 he was issued shows he completed over 20 years of active Federal service.  This form also shows the following entries:

	a.  item 7b (HOR at Time of Entry) shows the entry "2535 Sand Ridge Ct, Hephzibah, GA 30815";

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Meritorious Service Medal (3rd Award), the Joint Service Commendation Medal, the Army Commendation Medal (3rd Award), the Joint Service Achievement Medal, the Army Achievement Medal (5th Award), the Good Conduct Medal (6th Award), the National Defense Service Medal (2nd Award), the Armed Forces Expeditionary Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon (4th Award), the Expert Marksmanship Qualification Badge with Rifle Bar, the Driver and Mechanic Badge with Driver-"T" Bar, and the Driver and Mechanic Badge with Driver-"W" Bar.

6.  Headquarters, 39th Signal Battalion, Belgium, Permanent Orders Number   08-14, dated 21 August 1992, show the applicant was awarded the Army Commendation Medal for meritorious service from 11 October 1989 to 26 September 1992.

7.  Headquarters, 516th Signal Brigade, Fort Shafter, HI, Permanent Orders Number 05-5, dated 5 May 1997, show the applicant was awarded the Army Commendation Medal for meritorious service from 5 July 1995 to 4 June 1997.

8.  Headquarters, 335th Training Support Center, East Point, GA, Permanent Orders Number 94-04, dated 10 April 1998, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 2 October 1997 to 5 November 1997.

9.  Headquarters, 93rd Signal Brigade, Fort Gordon, GA, Permanent Orders Number 50-1, dated 19 February 2003, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 10 December 2002 to 19 February 2003.

10.  Headquarters, Third U.S. Army, Fort McPherson, GA, Permanent Orders Number 300-12, dated 27 October 1999, show the applicant was awarded the Meritorious Service Medal for meritorious achievement from 27 September 1999 to 5 November 1999.

11.  Headquarters, Theater Signal Command, East Point, GA, Permanent Orders Number 213-1, dated 31 July 2000, show the applicant was awarded the Meritorious Service Medal for meritorious service from 15 June 1997 to             18 August 2000.

12.  Headquarters, U.S. Army Communications Command, Fort Huachuca, AZ, Permanent Orders Number 144-1, dated 24 May 2001, show the applicant was awarded the Meritorious Service Medal for meritorious service from 8 August 2000 to 20 July 2001.

13.  Headquarters, U.S. Army Network Enterprise Technology Command, Fort Huachuca, AZ, Permanent Orders Number 310-1, dated 6 November 2003, show the applicant was awarded the Meritorious Service Medal for meritorious service from 1 October 1993 to 30 September 2003.

14.   Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is from 28 July  1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days; or be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, is wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Only one award of the Korea Defense Service Medal is authorized for any individual.

15.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Because counter-terrorism operations are global in nature, the AOE for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:  

	a.  engage in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE. 
	b.  be is killed, wounded or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time, or 

	c.  participate as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement. 

16.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal 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 of the designated AOE, on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  The Global War on Terrorism Service Medal may be awarded posthumously.  Service members may be awarded both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the Global War on Terrorism Service Medal may be authorized to any individual; therefore, second and subsequent awards will not be awarded.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  

	a.  initial award of the Global War on Terrorism Service Medal is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraq Freedom, or

	b.  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 the Global War on Terrorism Service Medal. 

17.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  Table 5-1 (Instructions for completing the DD Form 1966 series) of this regulation states that the street, city, county, state, country and zip code of address declared by the applicant to be the permanent home or actual home at time of enlistment be entered in Item 4 of the DD Form1966/1.

18.  Joint Federal Travel Regulations, Volume 1, Appendix 1 (Definitions), Part I (Terms) defines home of record as the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty.  The regulation further states that only if a break in service exceeds one full day may a member change the home of record.

19.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 20 shows the city and state where the Soldier entered active duty and Item 21 shows the street, city, state and ZIP code listed as the Soldier’s home of record.  A Soldier’s initial enlistment contract or appointment document is the source document that shows the place of entry onto active duty and home of record at time of entry (unless the Soldier has an approved change by the Enlisted Records and Evaluation Center.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct HOR and all his awards and decorations.

2.  The available evidence shows that upon his enlistment in the Regular Army, the applicant listed "Mobile AL 36610" as his HOR.  Some of his subsequent reenlistment contracts listed his HOR as "330 E*** Drive, Mobile AL 36610" while others listed it as "330 E*** Drive, Prichard AL 36610."  It appears that due to an administrative oversight, the applicant's DD Form 214 incorrectly listed his HOR as "Hephzibah, GA 30815."  Therefore, the applicant is entitled to correction of his DD Form 214 to show his HOR as Mobile (not Prichard), AL.

3.  With respect to the Army Commendation Medal, the evidence of record shows the applicant was awarded four awards of the Army Commendation Medal, one of which is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show four awards of the Army Commendation Medal.

4.  The available evidence shows the applicant was awarded the Meritorious Service Medal (4th award), one of which is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the additional awards.

5.  The evidence of record shows the applicant served in Korea from on or about 28 October 1987 to 26 October 1988 and from on or about 15 August 2000 to 
20 August 2001.  Therefore, he served a qualifying period of service for award of the Korea Defense Service Medal and he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence of record shows the applicant served a qualifying period for award of the Global War on Terrorism Service Medal, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

7.  There is no evidence that the applicant was assigned, attached or mobilized and served in a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or that he met any of the conditions for this award.  Therefore, no basis has been established to support awarding the applicant the Global War on Terrorism Expeditionary Medal.

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 the entry "…, Hephzibah, GA 30815" from item 7b of his DD Form 214 and adding the entry "330 E*** Drive, Mobile AL 36610";

	b.  deleting the entries "Meritorious Service Medal (3rd Award)" and "Army Commendation Medal (3rd Award)" from item 13 of his DD Form 214; and 
	c.  adding to item 13 of his DD Form 214 the Meritorious Service Medal (4th Award), the Army Commendation Medal (4th Award), the Global War on Terrorism Service Medal, and the Korea Defense Service Medal.

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 Global War on Terrorism Expeditionary 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)                                         AR20090004210



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ABCMR Record of Proceedings (cont)                                         AR20090004210



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