IN THE CASE OF:	

		BOARD DATE:	18 August 2009   

		DOCKET NUMBER:  AR20090004891 


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 records to show award of the Army Good Conduct Medal, Iraqi Campaign Medal, Army Achievement Medal, North Atlantic Treaty Organization (NATO) Training Mission Medal, and the Outstanding Volunteer Service Medal; and to have these awards added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he believes that these awards are warranted based on his service in Iraq in support of Operation Iraqi Freedom (OIF) and, in the case of the Outstanding Volunteer Service Medal, for his support of the Missouri State Fair in 2002.

3.  The applicant provides a DD Form 214; a Certificate of Achievement for Operation Iraqi Freedom; Headquarters, Missouri National Guard, Office of the Adjutant General, Orders 073-040, dated 14 March 2003; Headquarters, Missouri National Guard, Office of the Adjutant General, Orders 007-348, dated 7 January 2004; Department of the Army, Headquarters, United States Army Maneuver Support Center and Fort Leonard Wood, Permanent Orders 155-12, dated 4 June 2003; an extract of Department of the Army, Headquarters, United States Army Maneuver Support Center and Fort Leonard Wood, Permanent Orders 
80-10, dated 21 March 2003; an Army Commendation Medal certificate; a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); and an honorable discharge certificate in support of this 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.  The applicant's military records show he enlisted in the Missouri Army National Guard (MOARNG) on 21 December 1992.  He was awarded the military occupational specialty of automated logistics specialist.  He was discharged from the MOARNG on 18 December 1995.

3.  The applicant's records show he enlisted in the MOARNG on 6 November 1999.  His NGB Form 22 shows he was separated from the MOARNG in pay grade E-5 on 5 January 2005 with an honorable characterization of service at the expiration of his term of service.
 
4.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) of the applicant's NGB Form 22 issued at the time shows award of the Army Commendation Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, German Armed Forces Efficiency Badge-Bronze, Army Reserve Components Achievement Medal (2nd Award), and two state awards.

5.  On 15 March 2003, the applicant entered active duty in support of OIF and was released from active duty on 15 August 2004, due to completion of required active service after completing 1 year, 5 months, and 1 day of active duty service.  Item 18 (Remarks) of his DD Form 214 for the period shows he served in Kuwait during the period 7-12 June 2003 and 10-11 July 2004.  It shows he served in Iraq during the period 12 June 2003 to 10 July 2004.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.  No portion of service for the Army Good Conduct Medal may be included in a period of service for which the Army Reserve Components Achievement Medal was awarded.

7.  Army Regulation 600-8-22 provided that the Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components, who subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct and consequential nature.  To qualify for award of the Military Outstanding Volunteer Service Medal a service member's volunteer service must meet the following requirements:  (1) be to the civilian community, to include the military family community; (2) be significant in nature and produce tangible results; (3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature. 

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

9.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of 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 must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties,

	b.  is wounded or injured and requires medical evacuation from the area of eligibility, or
 
	c.  while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility. 

10.  Army Regulation 600-8-22 provides for award of 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 area of eligibility.  It states that 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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the NATO is awarded by the Secretary General of the NATO to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.

12.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

13.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant initially requested award of the Iraq Campaign Medal, he was already awarded the Global War on Terrorism Expeditionary Medal (GWOTEM).  During the processing of this case, the Board staff contacted the applicant to determine whether he chooses to retain the GWOTEM or to request the Iraq Campaign Medal in lieu of the GWOTEM since no person will be entitled to both awards for the same act, achievement, or period of service.  The applicant stated he was unaware that a service member was not entitled to both medals and chose to retain the GWOTEM, in effect, withdrawing his request for the Iraq Campaign Medal.  Therefore, he is not entitled to award of the Iraq Campaign Medal.

2.  There is insufficient evidence available to determine whether any portion of the applicant's active duty service which he contends entitles him to award of the Army Good Conduct Medal was included in a period of service for which the Army Reserve Components Achievement Medal was awarded.  Therefore, it would not be appropriate to award the applicant the Army Good Conduct Medal at this time.

3.  There is no evidence the applicant was awarded a NATO Medal and the Board does not have the authority to award a NATO Medal.  As such, it is not within the purview of the ABCMR to correct his records to show any NATO medals.

4.  While the applicant asserts he met the criteria for award of the Military Outstanding Volunteer Service Medal, there is no evidence and the applicant did he provide any evidence that he met the criteria for or was ever recommended for or awarded the Military Outstanding Volunteer Service Medal.  Therefore, he is not entitled to this award.

5.  The applicant requested correction of his records to show award of the Army Achievement Medal.  There are no orders or other evidence that the applicant was authorized this award.  Therefore, he is not entitled to correction of his records to show this award.

6.  While the available evidence is insufficient for awarding the applicant an Army Achievement Medal, this in no way affects the applicant’s right to pursue his claim for the Army Achievement Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  _____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090004891



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ABCMR Record of Proceedings (cont)                                         AR20090004891



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