IN THE CASE OF:	

		BOARD DATE:	6 August 2009    

		DOCKET NUMBER:  AR20090004385 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by including the Armed Forces Service Medal (AFSM), Army Achievement Medal (AAM), Global War on Terrorism Service Medal (GWOTSM), National Defense Service Medal (NDSM), and Army Commendation Medal (ARCOM) in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

2.  The applicant states, in effect, that after reviewing his DD Form 214, he realized he was eligible for the AFSM, AAM, GWOTSM, NDSM, and ARCOM, and that these awards were not listed in item 13.  He further states he was recommended for the AAM for his service with Headquarters and Headquarters Battery (HHB), Division Artillery (DIVARTY), 1st Cavalry Division and with the 1st Battalion, 82nd Field Artillery, Fort Hood, Texas, in support of the war in Iraq and of the Global War on Terrorism (GWOT), during the period from 2001 through 2003.  He claims he fielded the Bradley Fighting Vehicle for the 1st Cavalry Division prior to his discharge.  

3.  The applicant provides no documentation in support of his application.


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 25 April 2003, the applicant was honorably discharged under the provisions of paragraph 5-8, Army Regulation 635-200 (Personnel Separations), by reason of parenthood.  The DD Form 214 he was issued at the time confirms he completed a total of 2 years, 11 months, and 17 days of active military service.  

3.  Item 13 of the applicant's 25 April 2003 DD Form 214 shows he earned the following awards during his tenure on active duty:  Army Lapel Button, ARCOM, AAM, Navy Achievement Medal, Navy Meritorious Unit Commendation 
(2nd Award), NDSM, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Sea Service Deployment Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Pistol Bar, and Parachutist Badge.

4.  The applicant's Official Military Personnel File (OMPF) contains an ARCOM certificate, dated 26 April 2001, which confirms he received the ARCOM for his exceptionally meritorious service with HHB, DIVARTY, during a White Sands Missile Range rotation.  The certificate further shows this award was authorized and announced in official orders (Permanent Order (PO) 115-43, dated 26 April 2001).  It also contains an AAM certificate, dated 25 October 2002, which confirms he received the AAM for his meritorious achievement during the 
1st Cavalry Division Warfighting Exercise and that this award was announced in official orders (PO 298-3, dated 25 October 2002).  There are no other ARCOM or AAM certificates or recommendations on file in his OMPF.

5.  The applicant's OMPF also contains 1st Battalion, 82nd Field Artillery, 
1st Cavalry Division PO 077-70, dated 18 March 2003, which awarded him
the Army Good Conduct Medal (AGCM) for the period 9 May 2000 through 
8 May 2003.
6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-19 of the awards regulation contains guidance on award of the GWOTSM.  It states, in pertinent part, that it is authorized to members who have participated in Global War on Terrorism (GWOT) operations outside of designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers (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 GWOTSM.

7.  Paragraph 2-21 of the awards regulation contains guidance on award of the AFSM.  It states, in pertinent part, that the AFSM is awarded to members of the Armed Forces of the United States who after 1 June 1992, have participated in designated military operations.  Table 2-5 identifies the specific designated military operations that support award of the AFSM.  These include Operations Provide Promise, Joint Endeavor, Able Sentry, Deny Flight, Maritime Monitor and Sharp Guard during the period 20 November 1995 through 19 December 1996; Operation Provide Comfort during the period 1 December 1995 through 
31 December 1996; Operation Joint Guard during the period 20 December 1996 through 20 June 1998; Operation Joint Forge during the period 21 June 1998 to a date to be determined; and Operation United Nations Mission in Haiti, United States Forces Haiti, and United States Support Group-Haiti during the period 
1 April 1995 through 31 January 2000.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to the GWOTSM was carefully considered and found to have merit.  The evidence of record confirms the applicant's active duty service outside of a designated AOE subsequent to 
11 September 2001 qualifies him to be awarded the GWOTSM.  Therefore, it would be appropriate to add this award to item 13 of his DD Form 214 at this time.

2.  The evidence of record confirms the applicant was awarded the AGCM, as evidenced by AGCM orders on file in his OMPF.  Therefore, it would also be appropriate to add this award to item 13 of his DD Form 214.

3.  The applicant's request to have the ARCOM, AAM, and NDSM added to his DD Form 214 was also carefully considered.  However, these awards are already listed in item 13 of his DD Form 214 and there are no other documents on file in his OMPF that indicate he was ever recommended for or awarded additional awards of the ARCOM, AAM, or NDSM.  Therefore, there is an insufficient evidentiary basis to support a change to the entries in item 13 related to these particular awards. 

4.  The applicant's request for award of the AFSM was also carefully considered. However, the applicant's record is void of any orders or other documents confirming his participation in any of the identified operations that support award of the AFSM.  Therefore, there is also an insufficient evidentiary basis to support granting this portion of the requested relief. 

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 
amending item 13 of his DD Form 214, dated 25 April 2003, by adding the Army Good Conduct Medal and the Global War on Terrorism Service Medal; and by providing him a correction to his DD Form 214 that includes this change. 

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 adding the Armed Forces Service Medal or an additional Army Commendation Medal, Army Achievement Medal, or National Defense Service Medal, to his DD Form 214.   



      _______ _   _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)                                         AR20090004385



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ABCMR Record of Proceedings (cont)                                         AR20090004385



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