IN THE CASE OF:	  

		BOARD DATE:	  2 March 2010

		DOCKET NUMBER:  AR20090021567 


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 award of the Joint Meritorious Achievement Medal, a second award of the National Defense Service Medal, and the Global War on Terrorism Service Medal. 

2.  The applicant states that his DD Form 214 does not show the requested awards. 

3.  The applicant provides copies of his DD Forms 214 for the periods ending on 14 May 2000 and 28 January 2009; and an extract of Army Regulation 600-8-22 (Military Awards), dated 11 December 2006, relating to the National Defense Service Medal and the Global War on Terrorism Service Medal.  He also provides a certificate, dated 16 December 1996, showing award of the Joint Service Achievement Medal, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 16 November 1994.  He subsequently entered active duty for training (ADT) on 12 July 1995, completed basic combat and advanced individual training (AIT) for military occupational specialty (MOS) 73C (Finance Specialist), and was released from ADT on 10 November 1995. 


2.  The applicant's records show he was discharged from the USAR on 14 May 1996 and enlisted in the Regular Army (RA) for a period of 4 years on 15 May 1996.  He again completed AIT and was awarded MOS 31L (Wire Systems Installer).  He was honorably released from active duty on 14 May 2000 and transferred to the USAR Control Group (Reinforcement) for completion of his Reserve obligation. 

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 ending on 14 May 2000 shows he was awarded the Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officers Professional Development Ribbon, and the Army Service Ribbon.

4.  The applicant's records further show he enlisted in the RA for a period of 3 years on 25 September 2008.  He subsequently completed officer candidate school and was honorably discharge on 28 January 2009 to accept a commission in the Army.

5.  Item 13 of his DD Form 214 ending on 28 January 2009 shows he was awarded the Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officers Professional Development Ribbon, the Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  Headquarters, U.S. Army European Command, Permanent Orders 351-07, dated 16 December 1996, awarded the applicant the Joint Service Achievement Medal for meritorious service from 1 October to 20 December 1996.

7.  Army Regulation 600-8-22 provides for award of the Global War on Terrorism Service Medal.  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.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.   Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria: (1)  Initial award of the Global War on Terrorism Service Medal is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom, or (2)  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. 

8.  Army Regulation 600-8-22 provides for award of the National Defense Service Medal.  The National Defense Service Medal was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  To signify receipt of a second or subsequent award of the National Defense Service Medal, a service star will be worn on the service ribbon by U.S. Army personnel so qualified.  This regulation also states that during these periods, Army National Guard and USAR forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for this award.  A second or third award of the National Defense Service Medal is authorized for Soldiers who served in one or more of the four time periods listed above. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Joint Meritorious Achievement Medal, a second award of the National Defense Service Medal, and the Global War on Terrorism Service Medal.

2.  Permanent orders awarded the applicant the Joint Service Achievement Medal for meritorious service from 1 October to 20 December 1996 which is not shown on his last DD Form 214; therefore, he is entitled to correction of his
DD Form 214 to show this award.

3.  The evidence of record shows that the applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal, which is not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  With respect to award of the National Defense Service Medal, the evidence of record shows that during the period of eligibility for this award (between 2 August 1990 and 30 November 1995) the applicant was ordered to ADT on 12 July 1995 and was released from ADT on 10 November 1995.  However, USAR forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for award of the National Defense Service Medal.  Regrettably, the applicant does not qualify for this award during this period.  It is unclear why his DD Form 214 ending on 14 May 2000 shows this award.
5.  The evidence of record further shows that he reentered active duty on 25 September and was honorably discharged on 28 January 2009.  Therefore, he served a qualifying period for award of the National Defense Service Medal which is correctly shown on his DD Form 214 ending on 28 January 2009.

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 his DD Form 214 ending on 28 January 2009 the Joint Service Achievement Medal and 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 a second award of the National Defense Service 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)                                         AR20090021567



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ABCMR Record of Proceedings (cont)                                         AR20090021567



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