IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021553 


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:

* foreign service in Afghanistan
* Global War on Terrorism Service Medal
* Army Reserve Components Achievement Medal
* Ohio Award of Merit
* National Guard Recruiter Achievement Ribbon
* years and months served in his military occupational specialty (MOS)

2.  The applicant states:

* he graduated from advanced individual training in 2001
* he deployed to Afghanistan with the 372d Maintenance Company in 2003
* he has pictures, medical records, and a line-of-duty investigation to support his claim
* he has orders for ribbons and medals he never received

3.  The applicant provides:

* DD Form 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Orders 86-56, issued by U.S. Army Garrison, Aberdeen Proving Ground, dated 27 March 2001
* Permanent Orders 140-032, issued by the State of Ohio Adjutant General's Department, dated 21 November 2001
* Orders 017-089, issued by the State of Ohio Adjutant General's Department, dated 25 January 2003
* memorandum for record from the 372d Maintenance Company Commander, dated 24 July 2003
* memorandum from the State of Ohio Adjutant General's Department, dated 11 December 2003

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 record shows he enlisted in the Ohio Army National Guard (OHARNG) on 29 November 2000.  He was ordered to initial active duty for training on 3 January 2001 for the purpose of basic and advanced individual training.

3.  Orders 86-56, U.S. Army Garrison, Aberdeen Proving Ground, MD, dated 27 March 2001, show he was awarded MOS 63W (Wheeled Vehicle Mechanic) upon successful completion of the 63W Course.  On 30 August 2001, he was released from active duty for training and returned to the OHARNG.

4.  Permanent Orders 140-032, State of Ohio Adjutant General's Department, Columbus, OH, dated 21 November 2001, show he was awarded the Army National Guard Recruiter Achievement Ribbon.

5.  Orders 017-089, State of Ohio Adjutant General's Department, Columbus, OH, dated 25 January 2003, show he was ordered to active duty in support of Contingency Operation Enduring Freedom with a reporting date of 25 January 2003.

6.  He submitted a memorandum for record issued by the 372d Maintenance Company Commander, dated 24 July 2003, subject:  Presumptive in Line of Duty Finding,  which states a presumptive finding of in the line of duty was made in his case for a known preexisting condition which was exacerbated while he was on active duty in support of Operation Enduring Freedom, at Bagram Air Base, Afghanistan, from 26 March 2003 to 9 July 2003.

7.  On 12 August 2003, the applicant was released from active duty.  He completed 6 months and 18 days of active service.  The applicant submitted a copy of his DD Form 214 which shows:

	a.  item 11 (Primary Specialty) – "63W1O  00 WHEELED VEHICLE REPAIRER -- 0 YEARS-0 MONTHS";

	b.  item 12f (Foreign Service) – "0000 00 00" [years, months, and days];

	c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – "NATIONAL DEFENSE SERVICE MEDAL//ARMY SERVICE RIBBON//ARMED FORCES RESERVE MEDAL WITH MOBILIZATION DEVICE"; and

	d.  item 18 (Remarks) – "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302."

8.  A query of the Defense Finance and Accounting Service Master Military Pay Account (MMPA) database shows he received hostile fire/imminent danger pay and combat zone tax exclusion from 26 March 2003 through 14 August 2003.  The MMPA database did not identify the duty country.

9.  He submitted a memorandum from the State of Ohio Adjutant General's Department, dated 11 December 2003, subject:  Award of the Ohio Award of Merit, Ohio Faithful Service Ribbon, Army Reserve Components Achievement Medal, and Armed Forces Reserve Medal, which states he was awarded the:

	a.  Ohio Award of Merit effective 28 November 2003,

	b.  Ohio Faithful Service Ribbon/Medal effective date not applicable (N/A),

	c.  Army Reserve Components Achievement Medal effective 28 November 2003, and

	d.  Armed Forces Reserve Medal effective date N/A.

10.  He submitted a memorandum for The Adjutant General of Ohio, Deputy Chief of Staff of Personnel, Personnel Support Battalion, from Detachment 1, 372d Maintenance Company, Port Clinton, OH, dated 14 September 2005, subject:  Request for Issue of the Global War on Terrorism Service Medal and/or Global War on Terrorism Expeditionary Medal, which requested that he be issued the Global War on Terrorism for Service Medal and/or the Global War on Terrorism Expeditionary Medal for his support during Operations Enduring Freedom and Iraqi Freedom.

11.  On 2 October 2006, he was released from the OHARNG after serving honorably for 5 years, 10 months, and 14 days.  Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded (State Awards may be included)) of his NGB Form 22 shows he was awarded the Global War on Terrorism Service Medal, Army Service Ribbon, National Defense Service Medal, Ohio Basic Combat Training Ribbon, Army Reserve Components Achievement Medal, Ohio Faithful Service Ribbon, Army National Guard Recruiter Achievement Ribbon, Ohio Award of Merit with Numeral 2, Global War on Terrorism Expeditionary Medal, and Armed Forces Reserve Medal with "M" Device.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It states for:

	a.  item 11 – enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.  If a USAR Soldier was ordered to active duty and he was MOS qualified from the first day of active duty, the entry should be the years and months he performed in his primary MOS during that period of active duty.

	b.  item 12f – from official records, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214;

	c.  item 13 – list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); and

	d.  item 18 – for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section),"

		(2)  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)," and

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-18, contains guidance on the Global War on Terrorism Expeditionary Medal.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility (AOE).

14.  Army Regulation 600-8-22, paragraph 2-19, contains guidance on the Global War on Terrorism Service Medal.  It states it is authorized for 30 consecutive or 60 nonconsecutive days of service outside of a designated AOE from 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in his MOS on active duty for a period of 6 months and 18 days which is creditable as 7 months.  Therefore, he is entitled to have item 11 of his DD Form 214 corrected to show the time duration he served in his MOS as 00 years and 7 months.

2.  His records show he served in Afghanistan from 26 March 2003 to 9 July 2003.  Therefore, item 12f of his DD Form 214 should be corrected to show his foreign service as "0000 years, 3 months, and 14 days" and item 18 should be corrected to add:

	a.  "SERVICE IN AFGHANISTAN FROM 20030326-20030709" and
   
   b.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

3.  The evidence of record shows the applicant participated in Global War on Terrorism operations outside of the AOE during the periods 25 January 2003 through 25 March 2003 and 10 July 2003 through 12 August 2003.  Therefore, he is entitled to award of the Global War on Terrorism Service Medal.

4.  The evidence shows the applicant participated in Operation Enduring Freedom in Afghanistan during the period 26 March 2003 through 9 July 2003.  Therefore, he is entitled to award of the Global War on Terrorism Expeditionary Medal.

5.  The evidence of record shows he was awarded the Ohio Award of Merit, National Guard Recruiter Achievement Ribbon, and Army Reserve Components Achievement Medal after he was released from active duty.  In addition, he is not entitled to have his DD Form 214 for the period ending 9 July 2003 corrected to add state awards to the DD Form 214.

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 is 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.  deleting the entry "0000 00 00" from item 12f of the applicant's DD Form 214 and replacing it with the entry "0000 03 14,"

	b.  adding 00 years and 7 months to item 11 of this DD Form 214,

	c.  adding the Global on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal to item 13 of his DD Form 214, and

	d.  adding "SERVICE IN AFGHANISTAN FROM 20030326-20030709" and "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS" to item 18 of his DD Form 214.

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 correcting his DD Form 214 to show award of the Ohio Award of Merit, Army Reserve Components Achievement Medal, and National Guard Recruiter Achievement 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)                                         AR20100021553



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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