IN THE CASE OF:	 

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020276 


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) for the period ending 9 August 2003 to show award of the Global War on Terrorism Service Medal as well as all awards and training shown on his previous DD Form 214 for the period ending 20 September 1997.

2.  The applicant states he believes his DD Form 214 was not updated because of his medical board hearing.

3.  The applicant provides copies of his DD Forms 214, orders to active duty, orders for medical treatment, and U.S. Army Reserve Personnel Command (ARPC) Form 249-2-E (Chronological Statement of Retirement Points).

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 DD Form 214 for the period ending 20 September 1997 shows:

	a.  he enlisted in the Regular Army on 28 December 1989;

	b.  he was awarded the Army Achievement Medal (4th Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Kuwait Liberation Medal (Kuwait), Kuwait Liberation Medal (Saudi Arabia), Southwest Asia Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, and Driver and Mechanic Badge with Driver-W Bar;

	c.  he completed the Unit Armorer Course, Army Commercial Driver's License Course, Turkish Headstart, Equal Opportunity Leaders Course, and Primary Leadership Development Course; and

	d.  he was discharged on 20 September 1997 with an honorable characterization of service.

3.  The applicant's ARPC Form 249-2-E shows he enlisted in the U.S. Army Reserve on 27 October 1997.

4.  Orders M-040-0036, 88th Regional Support Command, dated 9 February 2003, ordered the applicant to active duty as a member of his Reserve unit in support of Operation Enduring Freedom.  He was subsequently assigned for duty at Fort McCoy, Wisconsin.

5.  Orders 101-07, Headquarters, Fort McCoy, dated 11 April 2003, assigned the applicant to the Ireland Army Community Hospital located at Fort Knox, Kentucky, for medical treatment.

6.  The applicant's DD Form 214 for the period ending 9 August 2003 shows:

	a.  he was ordered to active duty in support of Operation Enduring Freedom;

	b.  he was awarded the Army Achievement Medal (4th Award), Army Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), Kuwait Liberation Medal (Saudi Arabia), Southwest Asia Service Medal with two bronze service stars, Armed Forces Reserve Medal with "M" Device, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, and the Driver and Mechanic Badge with Driver-W Bar;

	c.  he did not complete any military education during this period of active duty service; and

	d.  he was discharged on 9 August 2003 with an honorable characterization of service due to physical disability.

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

8.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides for the entry of all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.

9.  This regulation further provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 9 August 2003 should be corrected to show award of the Global War on Terrorism Service Medal as well as all awards and training shown on his previous DD Form 214 for the period ending 20 September 1997.

2.  The evidence of record shows the applicant served during a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, this award should be added to his latest DD Form 214.

3.  A review of the applicant's DD Form 214 for the period ending 9 August 2003 shows the Kuwait Liberation Medal (Kuwait) and the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars were omitted, even though they are both clearly recorded on his previous DD Form 214 for the period ending 20 September 1997.  Therefore, these awards should be added to his latest DD Form 214.

4.  The governing regulation does not provide for recording military training on the DD Form 214 that was completed during previous periods of active duty.  Accordingly, the applicant's request to show such training should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X__  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 showing that, in addition to the awards shown on his DD Form 214 for the period ending 9 August 2003, his authorized awards include the Global War on Terrorism Service Medal, Kuwait Liberation Medal (Kuwait), and Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

2.  The Board further determined 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 showing his previous military training on his latest 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)                                         AR20090020276



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ABCMR Record of Proceedings (cont)                                         AR20090020276



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