IN THE CASE OF:	

		BOARD DATE:	23 July 2009    

		DOCKET NUMBER:  AR20090004898 


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 his rank as major (MAJ) instead of captain (CPT), and award of the Meritorious Service Medal, Korea [Defense] Service Medal, Global War on Terrorism Service Medal, and any other awards not listed on his DD Form 214.

2.  The applicant states that a recent deployment to Afghanistan followed by retirement made recordkeeping difficult. 

3.  The applicant provided a copy of his DD Form 214, dated 3 January 2006; a copy of a DA Form 638 (Recommendation for Award) and certificate, dated 15 December 2008, showing award of the Meritorious Service Medal; a copy of National Guard Bureau (NGB) Special Orders Number 290 AR, dated
14 November 2006, extending him Federal Recognition for promotion to MAJ, effective 9 November 2006; copies of Permanent Orders 2-16 and 219-14, issued by Fort Lewis, WA, on 6 January 1988 and 7 November 1986; and copies of various mobilization, deployment, and attachment orders, dated on miscellaneous dates, in support of his request.  

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.  With prior enlisted service, the applicant’s records show he was appointed as a second lieutenant in the Minnesota Army National Guard (MNARNG) on 14 February 1997.  He subsequently served in various command and/or staff positions and was promoted through the ranks to CPT on 26 April 2002.  

3.  On 30 December 2004, the applicant was ordered to active duty in support of Operation Iraqi/Enduring Freedom and subsequently served in Afghanistan from 20 January 2005 to 9 December 2005.  He was honorably released from active duty to the control of his ARNG unit on 3 January 2006 by reason of completion of required active service.  

4.  Items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) show his rank/grade at the time of his release from active duty as CPT/O-3 and his effective date of rank as 26 April 2002.

5.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Expert Field Medical Badge, Defense Meritorious Service Medal, Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal (2nd Award), Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Armed Forces Reserve Medal with "M" [Mobilization] Device, Combat Medical Badge, Aviation Badge, Driver and Mechanic Badge, and Afghanistan Campaign Medal.

6.  NGB Special Orders Number 290 AR, dated 14 November 2006, show the applicant was extended Federal Recognition for promotion to MAJ/O-4, effective 9 November 2006.

7.  Headquarters, 34th Infantry Division, Rosemount, MN, Permanent Order Number 350-1, dated 15 December 2008, show the applicant was awarded the Meritorious Service Medal for meritorious service (retirement award) from 14 February 1997 to 1 December 2007.

8.  Items 5 (Overseas Service) and 35 (Current and Previous Assignments) of the applicant’s DA Form 2-1 (Personnel Qualification Record) do not show his service in Korea; however, the applicant submitted copies of the following orders to indicate his service in Korea:

	a.  copy of Orders 219-14, issued by Fort Lewis, WA, on 7 November 1986, that show he was assigned as a private (PV2) to Headquarters and Headquarters Troop, 9th Cavalry Brigade; and 

	b.  copy of Permanent Orders 2-16, issued by Fort Lewis, WA, on 6 January 1988, that shows the advance party of his unit of assignment, Headquarters and Headquarters Company, 1st Brigade, 9th Infantry Division, was ordered on a temporary change of station (TCS) to Korea to participate in exercise Team Spirit 88, effective 16 February 1988, while the main body of the unit was ordered to depart between 18 and 21 March 1988.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that 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 and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation, from ERB/ORB.  Item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Item 12h is obtained from the most recent promotion order (or reduction instrument), shows the effective date of promotion to the current pay grade.

10.  Army Regulation 600-8-22 (Military Awards) states 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 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.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.  Only one award of the KDSM is authorized for any individual. 

11.  Review of the applicant’s records indicates his entitlements to additional awards that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (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 GWOTSM for approved operations to units and personnel within his or her command.  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:  initial award of the GWOTSM is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, or Iraqi freedom; or (2) 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 GWOTSM. 

13.  A directive issued by the Department of Defense on 16 April 2008 designated three campaigns with the Afghanistan Campaign Medal (the Liberation of Afghanistan, 11 September 2001 to 30 November 2001; the Consolidation I, 1 December 2001 to 30 September 2006; and the Consolidation II, 1 October 2006 to a date to be determined).  Furthermore, the awards regulation states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct rank/grade, and award of the Meritorious Service Medal, the Korea [Defense] Service Medal, the Global War on Terrorism Service Medal, and any other awards not listed on his DD Form 214. 

2.  The evidence of record shows that 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.

3.  The evidence of record further shows that the applicant served in Afghanistan from 20 January 2005 to 9 December 2005 and was awarded the Afghanistan Campaign Medal.  Additionally, he participated in one campaign (Consolidation II) during his service in Afghanistan.  Therefore, he is entitled to a bronze service star to be affixed to his already-awarded Afghanistan Campaign Medal.

4.  With respect to the applicant’s rank/grade, the evidence of record shows that at the time of his release from active duty, the applicant held the rank and grade of CPT/O-3, which are correctly shown on his DD Form 214.  He was promoted to MAJ/O-4 on 9 November 2006, nearly a year after his release from active duty.  Therefore, there is no basis for granting the applicant's request relief on this issue.

5.  With respect to the Meritorious Service Medal, the evidence of record shows that the applicant was awarded the Meritorious Service Medal for meritorious service from 14 February 1997 to 1 December 2007.  The ending period of this award was nearly two years after his release from active duty.  There is no provision to add this award on a previously-issued DD Form 214.  Therefore, there is no basis for correcting the applicant's DD Form 214 to show this award.

6.  With respect to the Korea Defense Service Medal, the criteria for this award is that the member 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.  The applicant provided orders directing his unit to participate in Team Spirit 88, but did not provide documentary evidence that shows he was assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  Therefore, there is insufficient evidence to support award of the Korea Defense Service Medal in this case.


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 adding to item 24 of the applicant's DD Form 214 for the period ending 3 January 2006 the Global War on Terrorism Service Medal and one bronze service star to be affixed to his already-awarded Afghanistan Campaign 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 correcting his DD Form 214 to show his rank/grade as MAJ/O-4, and award of the Meritorious Service Medal and Korea Defense Service 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)                                         AR20090004898



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ABCMR Record of Proceedings (cont)                                         AR20090004898



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