IN THE CASE OF:	  

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090013646 


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 his Army Commendation Medals, Army Achievement Medals, Humanitarian Service Medal, and all other decorations, medals, badges, citations, and campaign ribbons he was awarded.

2.  The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect all his awards and he does not know at which duty station the error occurred.

3.  The applicant provides a copy of his DD Form 214 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 Regular Army on 23 January 1996.  He was awarded the military occupational specialty of infantryman.  He reenlisted on 7 May 1998 and 8 May 2000.  He was promoted through the ranks to pay grade E-5.

3.  The applicant's DD Form 214 shows he received a general discharge on 1 November 2002 after completing 6 years, 9 months, and 9 days of active service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and Parachutist Badge.

5.  The applicant's records are void of any orders or other documents that show he was awarded, recommended for, or authorized the Army Commendation Medal, Army Achievement Medal, Humanitarian Service Medal, or other medals, decorations, badges, citations, or campaign ribbons by proper authority.

6.  The applicant's assignment history is incomplete; however, there is no indication in the available evidence that any of the units the applicant was assigned to were cited for any awards during the time of his assignment.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who distinguished himself or herself by heroism, meritorious achievement, or meritorious service while serving in any capacity with the Army after 6 December 1941.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Army Regulation 600-8-22 provides that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal on or after 1 August 1981.

9.  Army Regulation 600-8-22 states the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature after 1 April 1975.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

10.  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 areas of eligibility on or after 11 September 2001 to a future date to be determined.  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.

11.  Army Regulation 635-5 (Separation Documents) states that for item 13 of the DD Form 214; list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  Based on the dates the applicant served on active duty, he is entitled to the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Notwithstanding the Global War on Terrorism Service Medal, there is no evidence of record and the applicant did not provide any evidence that he was awarded, recommended for, or authorized any awards not currently listed on his DD Form 214.  Awards are discretionary and without corroborating evidence that a recommendation for the award was lost, it must be presumed that the commander consciously made a decision not to recommend him for additional awards.

3.  In view of the foregoing, the applicant's records should be corrected as recommended below.



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 13 of his DD Form 214 the Global War on Terrorism 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 adding the Army Commendation Medal, Army Achievement Medal, Humanitarian Service Medal, or any other decorations, medals, badges, citations, or campaign ribbons to item 13 of this 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)                                         AR20090013646



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ABCMR Record of Proceedings (cont)                                         AR20090013646



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