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		IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090020319 


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, in three separate applications, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 5 July 2002 to show the following awards:

* Sea Service Ribbon with one bronze service star
* Army Service Ribbon
* Army Good Conduct Medal
* Army Commendation Medal
* Global War on Terrorism Service Medal

2.  The applicant states:

* These awards were not included on his final DD Form 214
* He went on terminal leave and he was told the Army Commendation Medal would be included on his DD Form 214
* He never received any type of punishment from company level or higher level during his enlistment in the Army.
* The Global War on Terrorism Service Medal was not added on his DD Form 214 because it did not come into existence until the end of his enlistment




3.  The applicant provides:

* DD Form 214 dated 5 July 1999
* NGB Form 22E (National Guard Bureau Report of Separation and Record of Service) dated 23 October 1998
* DD Form 214 dated 2 June 1996
* The front page of a DA Form 638 (Recommendation for Award) dated 15 April 2002
* A self-authored statement dated 28 October 2009

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 enlisted in the United States Marine Corps on 3 June 1992.  He completed training as a rifleman.

3.  After completing 4 years of net active service this period he was honorably released from active duty (REFRAD) on 2 June 1996, upon completion of his required active service.  He was transferred to the Marine Corps Reserve Support Center to complete his service obligation.

4.  The DD Form 214 he was furnished shows the following awards:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* United Nations Medal
* Good Conduct Medal
* Southwest Asia Service Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge
* Meritorious Unit Commendation
* Sea Service Deployment Ribbon with one bronze service star

5.  The applicant enlisted in the Alabama Army National Guard on 13 August 1997.  After completing 1 year, 2 months and 11 days of net service this period, he was honorably discharged and he was transferred to the United States Army Reserve Control Group (Annual Training).

6.  His NGB Form 22E shows these awards:

* National Defense Service Medal
* United Nations Medal
* Meritorious Unit Commendation
* Sea Service Duty Ribbon with one bronze service star
* Marine Good Conduct Medal
* Southwest Asia Service Medal with one bronze service star
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  The applicant enlisted in the Regular Army on 6 July 1999.  After completing 3 years of net active service this period he was honorably discharged on 5 July 2002, upon completion of his required active service.

8.  Item 13 on his DD Form 214 for this period shows these awards:

* Meritorious Unit Commendation
* Marine Corps Good Conduct Medal
* National Defense Service (Second Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with one bronze service star
* Sea Service Deployment Ribbon
* United Nations Medal

9.  The applicant's records contain no derogatory information that would have disqualified him from being awarded the first award of the Army Good Conduct Medal.

10.  The applicant submits a copy of the front page of a DA Form 638 which shows on 15 April 2002, he was recommended for award of the Army Commendation Medal.  However, he does not submit the reverse side of the form which is necessary to determine if the recommendation was approved.  His official military record does not contain orders awarding him the Army Commendation Medal.



11.  Army Regulation 600-8-22 (Military Awards) states 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 operations outside of the designated areas of eligibility (AOE) 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 GWOTSM.

12.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.

13.  Army Regulation 600-8-22 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.  

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided insufficient evidence and his records do not contain any evidence to show that the DA Form 638 he submitted was approved. Until he can provide a copy of the orders awarding him the Army Commendation Medal it cannot be included on his DD Form 214.






2.  However, based on his service record he is authorized the following awards that are not currently reflected on his DD Form 214 dated 5 July 2002:

* Global War on Terrorism Service Medal
* Army Service Ribbon
* Army Good Conduct Medal (First Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* One bronze service star to be affixed to his already-awarded Sea Service Deployment Ribbon

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:

	a.  awarding him the Army Good Conduct Medal (First Award) for the period 6 July 1999 through 5 July 2002; and 

	b.  amending item 13 on his DD Form 214 for the period ending 5 July 2002 to add the following awards:

* Global War on Terrorism Service Medal
* Army Service Ribbon
* Army Good Conduct Medal (First Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* One bronze service star to be affixed to his already-awarded Sea   
   Service Deployment Ribbon





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 amending his DD Form 214 to add the Army Commendation 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)                                         AR20090020319



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ABCMR Record of Proceedings (cont)                                         AR20090020319



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