BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025050 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (AAM) (4th Award), Army Commendation Medal (ARCOM) (2nd Award), and North Atlantic Treaty Organization (NATO) Medal.  

2.  He states his DD Form 214 only shows he was awarded one AAM.  When he returned to Fort Polk from Iraq he did not get some of the awards until later in the mail.  In effect, a Department of Veterans Affairs coordinator informed him that he could change his DD Form 214.  He served his country honorably and faithfully.  Awards and decorations in the U.S. Army are not given away, they are earned, and he is truly deserving of consideration.  

3.  He provides:

* Three Certificates of Achievement
* NATO Medal Certificate
* Four AAM certificates and DA Forms 638 (Recommendation for Award)
* Two ARCOM certificates

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 enlisted in the Regular Army in pay grade E-4 on 24 September 1997, for 5 years.  He served in Germany from on or about 10 February 1998 through on or about 20 December 2001, a period of 3 years, 10 months, and 10 days.

3.  He provided a certificate awarding him the NATO Medal for service during the period 27 February 1999 to 31 March 1999.  

4.  He also provided four AAM certificates and corresponding DA Forms 638 for award of the AAM for the following:

* Meritorious achievement on 24 May 1998 awarded by Permanent Orders Number 176-06 on 7 July 1998
* Meritorious achievement from 27 February to 1 April 1999 awarded by Permanent Orders Number 79-40 on 27 March 1999
* Meritorious achievement on 9 May 2001 awarded by Permanent Orders Number 141-09 on 21 May 2001
* Meritorious service from 23 September 2001 to 21 March 2001 awarded by Permanent Orders Number 101-27 on 11 April 2002

5.  He further provides two ARCOM certificates and corresponding DA Forms 638 for award of the ARCOM for the following:

* Meritorious service from 21 December 2000 to 23 September 2003 awarded by Permanent Orders Number 216-01 on 4 August 2003
* Exceptionally meritorious service from 26 March to 24 July 2003 awarded by Permanent Orders Number 174-01 on 23 June 2003

6.  He was honorably released from active duty in pay grade E-4 on 24 September 2003, for completion of required active service.  He was credited with completing 6 years active service and no lost time.  He was also credited with 3 years of foreign service.  

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:

* AAM
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

8.  The Defense Finance and Accounting Service verified the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia-Herzegovina from 26 March through 21 April 1999, and in Kuwait/Iraq from 8 through 26 April 2001 and from 26 March through 30 July 2003.  

9.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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 for successful completion of overseas tours.  To be eligible for award of the Overseas Service Ribbon, a Soldier must complete 9 months in a continuous temporary change of station/temporary duty status in isolated areas where tour lengths have not been established.

10.  Army Regulation 600-8-22 also states 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 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 Global War on Terrorism Service Medal.

11.  Army Regulation 600-8-22 further states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF). The AOE encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. A bronze service star is authorized for wear with this medal for participation in each credited campaign.  During his service in Iraq, the applicant participated in the following two campaigns:

* Liberation of Iraq (19 March 2003 - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the NATO Medal, AAM (4th Award), and ARCOM (2nd Award).  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  The evidence of record also shows he completed a qualifying period of service overseas for award of the Overseas Service Ribbon.  Therefore, it would be appropriate to add this award to his record at this time.  

3.  The evidence further shows he served in support of the Global War on Terrorism during the qualifying period for award of the Global War on Terrorism Service Medal and Iraq Campaign Medal with two bronze service stars.  He is therefore entitled to the awards above, and to have these awards added to his DD Form 214.

4.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

____x___  ___x_____  ____x____  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: 

	a.  adding to Item 13 of his DD Form 214 the:

* NATO Medal,
* Army Achievement Medal (4th Award)
* Army Commendation Medal (2nd Award)
* Overseas Service Ribbon
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with two bronze service stars

   b.  providing him a document including these changes.



      _______ _   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)                                         AR20100025050



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025050



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1