IN THE CASE OF:	

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090016384 


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 awards of the Army Good Conduct Medal and the Armed Forces Expeditionary Medal.

2.  The applicant states that he served in Saudi Arabia from 9 March 2001 to 8 March 2002 in support of Operation Enduring Freedom and he should be entitled to the Global War on Terrorism Service Medal and other awards and decorations.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
8 March 2004; a copy of his DD Form 215 (Correction to DD Form 214), dated 
2 September 2009; and a copy of a certificate, dated 8 March 2002, showing award of the Armed Forces Expeditionary Medal 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.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 5 years on 8 August 2000.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 31B (Military Police).  He was honorably discharged in the rank/grade of specialist (SPC)/E-4 on 8 March 2004 by reason of disability with entitlement to severance pay.  The DD Form 214 he was issued shows he completed 3 years, 7 months, and 1 day of creditable active service.

3.  The applicant’s records also show he served in Saudi Arabia from 8 September 2001 to 2 March 2002 in support of Operations Desert Shift and Enduring Freedom.  He was assigned to the 59th Military Police Company.

4.  Item 24 (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 and the Army Service Ribbon.

5.  On 4 October 2009, the applicant was issued a DD Form 215 that added awards of the Army Achievement Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Overseas Service Ribbon.

6.  The applicant's record does not contain permanent orders awarding him his first award of the Army Good Conduct Medal.  His record is void of any derogatory information in the form of a court-martial, suspension of favorable personnel actions, lost time, or non-judicial punishment.  His records also do not contain a commander's disqualification for the Army Good Conduct Medal.

7.  The applicant submitted a copy of a certificate, dated 8 March 2002, signed by the Commander, Headquarters, Army Central Command, Saudi Arabia, which shows the applicant was awarded the Armed Forces Expeditionary Medal for service in Southwest Asia.

8.  Army Regulation 600-8-22 (Military Awards) states 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.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for Southwest Asia operations includes participation in Operation Southern Watch (1 December 1995 to 18 March 2003), Maritime Intercept Operation (1 December 1995 to 18 March 2003), Vigilant Sentinel (1 December 1995 to 15 February 1997), Operation Northern Watch (1 January 1997 to 18 March 2003), Operation Desert Thunder (11 November 1998 to 22 December 1998), Operation Desert Fox (16 December 1998 to 22 December 1998), and Operation Desert Spring (31 December 1998 to 18 March 2003).

10.  According to the trusted globalsecurity.org website, Operation Desert Shift was a U.S. Central Command-directed/implemented force protection initiative in Saudi Arabia to move certain military personnel from Eskan Village to Prince Sultan Air Base.  An initial objective of Operation Desert Shift was to consolidate Operation Southern Watch coalition forces at Prince Sultan Air Base.  By relocating, Headquarters Joint Task Force Southwest Asia established a Combined Air Operations Center and improved theater coalition partner operations.  These changes created the most advanced operations center and changed the next generation of warfare.  The 59th Military Police Company deployed from Fort Carson, CO, to Saudi Arabia, in early September 2001 as part of Operation Desert Shift.  The unit was scheduled to deploy with nearly 200 Soldiers for approximately three months.  While in Southwest Asia the unit was responsible for providing force protection to U.S. Forces in the region.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Armed Forces Expeditionary Medal and the Army Good Conduct Medal.

2.  With respect to the Armed Forces Expeditionary Medal, the evidence of record shows the applicant served in Saudi Arabia from 8 September 2001 to 2 March 2002 in support of Operation Desert Shift, part of Operation Southern Watch, which is a qualifying period for award of the Armed Forces Expeditionary Medal.  Additionally, he received a certificate that shows he was awarded the Armed Forces Expeditionary Medal for this operation; therefore, he is entitled to correction of his records to show this award.

3.  With respect to the Army Good Conduct Medal, the evidence of record shows the applicant served honorably during the period 8 August 2000 through 8 March 2004.  He served in Saudi Arabia, attained the rank/grade of SPC/E-4, and he was awarded the Army Achievement Medal.  Furthermore, his record is void of any lost time, nonjudicial punishment, suspension of favorable personnel actions, or a commander's disqualification.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his records to show this award.

BOARD VOTE:

____X___  _____X__  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 August 2000 through
7 August 2003; and adding the Army Good Conduct Medal (1st Award) and the Armed Forces Expeditionary Medal to item 24 of 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)                                         AR20090016384



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ABCMR Record of Proceedings (cont)                                         AR20090016384



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