RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10April 2008
	DOCKET NUMBER:  AR20070018805 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Chester A. Damian

Member

Mr. Qawiy A. Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to show he was awarded the Global War on Terrorism Expeditionary Medal, the National Defense Service Medal, and any other medals awarded during the time he served in Iraq.

2.  The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show all awards and decorations to which he is entitled for his time served in Iraq.  

3.  The applicant provides a copy of his DD Form 214 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 military records show he is currently serving in the United States Army Reserve (USAR), in the rank of staff sergeant (SSG/E-6).  He was ordered to active duty on 6 November 2002 in support of Operation Enduring Freedom (OEF).  He was released from active duty on 21 August 2003.  He was transferred to a troop program unit (TPU).

3.  The applicant's DD Form 214, dated 21 August 2003, shows that he was awarded the Army Achievement Medal, 3rd Award; the Army Good Conduct Medal, 3rd Award; the Army Reserve Components Achievement Medal; the Noncommissioned Officer’s Professional Development Ribbon; the Army Service Ribbon; the Overseas Service Ribbon; the Army Reserve Components Overseas Training Ribbon; and the Driver and Mechanic Badge.  His DD Form 214 does not show any additional awards.



4.  Item 18 (Remarks), of the applicant's DD Form 214, shows that the applicant was ordered to active duty in support of OEF; however, he served in Kuwait  from 21 November 2002 to 20 March 2003 and from 26 July 2003 to 10 August 2003 and in Iraq from 21 March 2003 to 25 July 2003.  

5.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

6.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a 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 this award.  

7.  Human Resources Command Message (Date Time Group 17 March 2004) disseminated implementing instructions for award of the Global War on Terrorism Expeditionary Medal for Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a) be engaged in actual ground combat against the enemy and under circumstances involving grave
danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  The message also states that under no condition will any Soldier in the United States receive this award. 




DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

2.  The evidence shows that the applicant was ordered to active duty in support of OEF; however, he served in Kuwait from 21 November 2002 to 20 March 2003 and from 26 July 2003 to 10 August 2003 and in Iraq from 21 March 2003 to 25 July 2003.  He is therefore eligible for award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal and to have these awards added to his DD Form 214.

BOARD VOTE:

__JTM __  __CAD__  __QAS__   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 National Defense Service Medal; the Global War on Terrorism Service Medal; and the Global War on Terrorism Expeditionary Medal, and adding these awards to item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214.




___John T. Meixell    __
      CHAIRPERSON