IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090017203
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 the Global War on Terrorism Service Medal (GWOTSM) and Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the MSM was not received until after his retirement and he is not sure why the GWOTSM was not added.
3. The applicant provides an MSM Certificate, DD Forms 214 for the periods ending 30 June 2007 and 2 April 2009, and active duty orders in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the U.S. Army Reserve (USAR) on 23 September 1971 and served in an active USAR status until being transferred to the Retired Reserve in the grade of master sergeant/E-8 on 2 April 2009.
2. On 4 January 2002, while serving in the USAR, the applicant was ordered to active duty in support of Operation Noble Eagle. On 30 June 2007, he was released from active duty (REFRAD) by reason of completion of required active service. The DD Form 214 he was issued at this time shows he completed no overseas service in item 12f (Foreign Service) during the period covered. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not list the GWOTSM, but does include an MSM. Item 18 (Remarks) shows he was mobilized in support of Operation Noble Eagle.
3. On 26 June 2007, while serving in the USAR, the applicant was ordered to active duty in support of Operation Enduring Freedom. He entered active duty on 1 July 2007 and served for 1 year, 9 months, and 2 days until being honorably REFRAD by reason of completion of required active service on 2 April 2009. Item 12f shows he completed no overseas service during the period and item 18 shows he was mobilized in support of Operation Enduring Freedom.
4. Item 13 of the applicant's 2 April 2009 DD Form 214 shows he earned the following awards during his military service:
* Meritorious Service Medal
* Army Commendation Medal
* Army Achievement Medal
* Army Reserve Components Achievement Medal (3rd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon (3rd Award) [Numeral 3]
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon (3rd Award)
* Armed Forces Reserve Medal with "M" Device (2nd Award) [Numeral 2]
* Armed Forces Reserve Medal [10-Year Device]
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
5. The MSM Certificate provided by the applicant is dated 31 March 2009. It shows he was awarded the MSM for the period 31 March 1999 through 31 March 2009 by Permanent Orders Number 90-1, issued by Headquarters, First Army, Fort Gillem, Georgia.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-19 contains guidance on the GWOTSM. It states it is authorized for participating in Global War on Terrorism operations outside of the designated areas of eligibility (AOE) for 30 consecutive or 60 non-consecutive days of active duty service between on or after 11 September 2001 to a future date to be determined. Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.
7. Paragraph 6-3 of the awards regulation contains guidance on oak leaf clusters and states an oak leaf cluster is awarded to denote a second or subsequent award of the MSM.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item preparation instructions. The instructions for item 13 are to list awards and decorations for all periods of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the GWOTSM and the MSM should be added to his DD Form 214 has been carefully reviewed and found to have merit.
2. The evidence of record confirms the applicant served on active duty in support of Operation Noble Eagle and Operation Enduring Freedom outside of a designated AOE for 30 consecutive days after 11 September 2001. Therefore, he is eligible for the GWOTSM and it should be added to item 13 of both his 30 June 2007 and 2 April 2009 DD Forms 214.
3. The record also confirms the applicant was awarded a second award of the MSM for his meritorious service between 31 March 1999 and 31 March 2009. As a result, it would be appropriate to add this award to item 13 of his 2 April 2009 DD Form 214 at this time.
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:
a. amending item 13 of his 30 June 2007 DD Form 214 by adding the GWOTSM,
b. amending item 13 of his 2 April 2009 DD Form 214 by deleting the Meritorious Service Medal entry and adding the MSM with 1st Oak Leaf Cluster (2nd Award) and GWOTSM, and
c. providing him corrections to the DD Forms 214 in question that include these changes.
____________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) AR20090017203
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