IN THE CASE OF:	  

		BOARD DATE:	    17 February 2011

		DOCKET NUMBER:  AR20100019965 


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 the:

* Global War on Terrorism Service Medal (GWOTSM)
* Armed Forces Service Medal (AFSM)
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM)
* Humanitarian Service Medal (HSM) (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Honor Guard Tab

2.  The applicant states he wasn't aware the awards needed to be listed on the DD Form 214 to obtain replacements through the National Personnel Records Center.  

3.  The applicant provides copies of:

* memoranda authorizing the HSM and GWOTSM
* ARCOM and AAM certificates
* a certificate showing he was an authorized provider in the Military Funeral Honors Program
* a page from his DA Form 2-1 (Personnel Qualification Record)
* a DD Form 214 for his period of active duty ending 22 February 2004


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 served on active duty in the U.S. Navy (USN) from 10 August 1983 to 22 May 1987.  He was honorably separated, and on 28 August 1987 enlisted in the Georgia Army National Guard (GAARNG), where he served honorably until he was transferred to the U.S. Army Reserve on 27 August 1988.  On 22 June 2000, he again enlisted in the GAARNG and was honorably discharged on 21 June 2006.  

3.  A DD Form 214 shows he was ordered to active duty in support of Operation Enduring Freedom (OEF) from 15 March 2003 to 22 February 2004.

4.  His USN DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214) dated 22 May 1987, shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the:

* Sea Service Deployment Ribbon (SSDR) (2nd Award)
* Meritorious Unit Commendation (MUC)
* HSM
* Good Conduct Award (1st Award)

5.  His Army DD Form 214 shows in item 13 he was awarded the:

* MUC
* Navy Good Conduct Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* HSM
* Armed Forces Reserve Medal (AFRM) with "M" Device
* Army Service Ribbon (ASR)
* Army Lapel Button
* Navy Expeditionary Medal (NEM)
* SSDR (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  The NGB Form 22 documenting his most recent period of Army National Guard service shows in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) he was awarded the:

* AAM
* SSDR (2nd Award)
* MUC
* HSM
* AFRM with "M" Device
* ASR
* NEM

7.  His record in iPERMS includes an AAM certificate and a DA Form 638 (Recommendation for Award) showing he received the award for meritorious achievement during Operation Noble Eagle III during the period 3 June 2003 to 3 January 2004, as announced in Permanent Orders Number 013-025, issued by Task Force 110, Fort Stewart, GA, on 13 January 2004.  

8.  His record in the interactive Personnel Electronic Records Management System (iPERMS) is void of documentation showing he was awarded the GWOTSM, AFSM, ARCOM, HSM (2nd Award), or an Honor Guard Tab.

9.  The page he provides from his DA Form 2-1 shows in item 9 (Awards, Decorations, & Campaigns) he was awarded the AFSM and received two awards of the HSM:  one during his USN service and one for Operation Vigilant Relief, the emergency relief operation conducted in the aftermath of Hurricane Katrina.  His DA Form 2-1 is not filed in his iPERMS record.

10.  The ARCOM certificate he provides shows he served in support of Operation Vigilant Relief.  The award was announced in Permanent Orders Number 333-18, issued by Headquarters, 265th Engineer Group.  

11.  Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

*  participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:

* 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) 
* 60 nonconsecutive days provided this support involves entering the area of eligibility  

13.  Army Regulation 600-8-22 states individuals awarded the HSM for direct participation during the “period of immediate relief” are also eligible for the AFSM if awarded.  The Office of the Deputy Under Secretary of Defense for Military Personnel Policy (ODUSD/MPP) maintains on its website a list of operations designated by the Chairman, Joint Chiefs of Staff (CJCS) for award of the AFSM.  The list shows the CJCS approved award of the AFSM for hurricane relief operations during the period 27 August 2005 to 27 February 2006.

14.  Army Regulation 600-8-22 states the HSM is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

15.  ODUSD/MPP also maintains a list of operations designated by the Department of Defense for award of the HSM.  The list shows the HSM was approved for Hurricane Katrina and Hurricane Rita relief efforts from 29 August to 13 October 2005.  

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states tabs such as Airborne, Honor Guard, Mountain, and Pershing are authorized for temporary wear only.  These tabs are considered an integral part of the shoulder sleeve insignia and Soldiers are not authorized to wear them when they are reassigned from the organization that prescribed wear of the shoulder sleeve insignia with tab.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214. 

	a.  The regulation states 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.

	b.  The regulation states for item 13 to list awards and decorations for all periods of service and that each entry will be verified by the Soldier’s records.  

18.  Army Regulation 600-8-22 states certificates for approved awards will be filed in the official military personnel file.

19.  National Guard Regulation 600-200 (Enlisted Personnel Management) states when determined from official records that NGB Form 22 contains an error or omission of pertinent facts, discharge authorities may issue NGB Form 22A (Correction of NGB Form 22, Report of Discharge and Record of Service).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his DD Form 214 to show the:

* AFSM
* ARCOM
* HSM (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Honor Guard Tab

2.  The evidence of record supports his request for correction of his DD Form 214 to show the GWOTSM and AAM.

3.  The evidence of record shows the applicant participated in hurricane relief efforts designated for award of the AFSM and HSM and also received the ARCOM during this period.  However, his service in support of hurricane relief operations came after the period of active duty service documented by his more recent DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show the AFSM, ARCOM, or HSM (2nd Award).

4.  The Marksman Marksmanship Qualification Badge with Rifle Bar is listed on his DD Form 214 for the period ending 22 February 2004.  His record does not require correction to show this award.

5.  An Honor Guard Tab is a uniform item authorized for temporary wear.  It is not an award or decoration authorized to be listed on the DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show the Honor Guard Tab.

6.  His active duty service in support of Operation Noble Eagle III meets the criteria for the GWOTSM.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 22 February 2004 to show the GWOTSM.  

7.  He was awarded the AAM prior to the end of his active duty service in support of OEF.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 22 February 2004 to show the AAM.

8.  Army Regulation 600-8-22 states certificates for approved awards will be filed in the official military personnel file.  Therefore, he is entitled to have his ARCOM certificate filed in his record in iPERMS.

9.  The evidence of record shows the NGB Form 22 documenting his last period of service in the GAARNG does not list all of his awards and decorations.  He may submit a request for correction of this record to The Adjutant General of the GAARNG.   

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.  adding the Army Achievement Medal and Global War on Terrorism Service Medal to item 13 of his DD Form 214 for the period ending 22 February 2004 and

	b.  adding his ARCOM certificate to his record in iPERMS.

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 correcting the DD Form 214 for the period ending 22 February 2004 to show the AFSM, ARCOM, HSM (2nd Award), and Honor Guard Tab.  
      
      
      
      _______ _   __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)                                         AR20100019965





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019965



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1