IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025653
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 the Armed Forces Service Medal and the Global War on Terrorism Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 September 2003.
2. The applicant states he was on active duty after 11 September 2001. He states he deployed in support of Operations Joint Guard and Joint Forge with the 1st Infantry Division and received the North Atlantic Treaty Organization (NATO) Medal and Kosovo Campaign Medal.
3. The applicant provides:
* DD Form 214 with an effective date of 1 July 1976
* DD Form 214 with a separation date of 30 September 2003
* DD Form 215 (Correction to DD Form 214), dated 28 March 2005
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. He enlisted in the Regular Army on 26 September 1973 served continuously until his retirement on 30 September 2003.
3. Three DA Forms 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) in his official military personnel file (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) show he was assigned to Headquarters and Headquarters Company, 121st Signal Battalion, 1st Infantry Division, from June 1997 through January 2001.
4. His NCOER for the period June 1999 through January 2000 lists "deployment to Kosovo" as part of his duties.
5. His Enlisted Record Brief, dated 22 May 2003, shows he deployed to Yugoslavia from 15 July 1999 to 5 December 1999.
6. On 30 September 2003, he was retired and placed on the Retired List the following day. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:
* Legion of Merit
* Meritorious Service Medal (3rd Award)
* Army Commendation Medal (4th Award)
* Army Achievement Medal
* Army Superior Unit Award
* Army Good Conduct Medal (10th Award)
* National Defense Service Medal (3rd Award)
* Kosovo Campaign Medal
* NCO's Professional Development Ribbon with Numeral 4
* Army Service Ribbon
* Overseas Service Ribbon (5th Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* NATO Medal
7. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal 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, meet the following criteria:
a. 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 and
b. participation must be for 30 consecutive days in the area of eligibility (or for the full period when an operation is less than 30 days in duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility.
8. Army Regulation 600-8-22 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 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in his OMPF in iPERMS that shows he deployed or the unit he deployed with in support of Operations Joint Guard and Joint Forge. He would not have received the Armed Forces Service Medal for the same period he was authorized the Kosovo Campaign Medal. Therefore, there is insufficient basis to authorize the Armed Forces Service Medal in this case.
2. He served on active duty after 11 September 2001. Therefore, he is authorized the Global War on Terrorism Service Medal.
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 adding the Global War on Terrorism Service Medal to item 13 of his DD Form 214 with a separation date of 30 September 2003.
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 the Armed Forces 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) AR20100025653
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100025653
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019715
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 2 September 2008 to show two awards of the National Defense Service Medal, two awards of the Global War on Terrorism Service Medal, and two awards of the Armed Forces Reserve Medal with "M" device. The applicant contends that his DD Form 214 for the period ending on 2...
ARMY | BCMR | CY2009 | 20090017952
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 January 2004 to show his service in Kosovo and Iraq and all awards and decorations associated with this service. c. The Kosovo Campaign Medal is awarded to members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Kosovo Operation(s): Allied Forge (24 March 1999 through 10 June 1999); Operation...
ARMY | BCMR | CY2014 | 20140010834
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the following awards: * three Army Achievement Medals (AAM) * Army Commendation Medal (ARCOM) * Armed Forces Expeditionary Medal (AFEM) * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Service Medal (AFSM) * Afghanistan Campaign Medal (ACM) * Global War on Terrorism Expeditionary Medal (GWOTEM) * Kosovo Campaign Medal (KCM) 2. The 30 consecutive or 60...
ARMY | BCMR | CY2011 | 20110004685
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Bosnia in support of Operation Joint Forge and his service in Turkey in support of Operation Iraqi Freedom. He deployed to Turkey in support of Operation Iraqi Freedom from 19 February to 15 April 2003. The applicable regulations provide that the DD Form 214 will be prepared to reflect service in the country to which deployed and the dates deployed for...
ARMY | BCMR | CY2004 | 20040010914C070208
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the NATO (North Atlantic Treaty Organization) Medal and other campaign medals that he is entitled to. He should be entitled to award of the Army Expeditionary Medal and NATO Medal for Bosnia and other campaign medals for Operation Iraqi Freedom. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2008 | 20080009587
The applicant's DD Form 214 does not show that he was awarded the NATO Medal; however, the applicant provided a certificate which shows that he was awarded the NATO Medal for service with NATO on operations in relation to Kosovo during the period 3 May 2001 to 12 June 2001. Operations related to Kosovo from 13 October 1998 to a date to be determined is one of the designated NATO operations that qualifies for award of the NATO Medal. As the applicant's service in and around Kosovo is being...
ARMY | BCMR | CY2014 | 20140003782
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Global War on Terrorism Expeditionary Medal (GWOTEM) * Global War on Terrorism Service Medal (GWOTSM) * Afghanistan Campaign Medal (ACM) * Northern Atlantic Treaty Organization (NATO) Medal * Kosovo Campaign Medal (KCM) * Army Commendation Medal (ARCOM) 2. The applicant's record is void of any documentation showing the specific dates of his deployment to...
ARMY | BCMR | CY2006 | 20060002448C070205
The applicant requests, in effect, that the Army Good Conduct Medal (4th Award); the Non-Commissioned Officer Professional Development Ribbon (2nd Award); the Overseas Service Ribbon (3rd Award) for Germany, Desert Shield, and Desert Storm; the Presidential Unit Citation; the Combat Infantryman Badge; the NATO Medal (2nd Award) for Bosnia and Kosovo; the German Armed Forces Military Proficiency Badge in Gold; the Yugoslavia Campaign Medal; the Kosovo Campaign Medal; the Global War on...
ARMY | BCMR | CY2010 | 20100014103
Paragraph 2-4 of Army Regulation 635-5 also indicates that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following statement will be entered in item 18 of the DD Form 214: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." Therefore, he is entitled to the following corrections to his DD Form 214: * Item 13, to show award of the Kosovo Campaign Medal and the NATO Medal with one bronze...
ARMY | BCMR | CY2013 | 20130003441
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Achievement Medal (AAM) * Global War on Terrorism Service Medal (GWOTSM) * Afghanistan Campaign Medal (ACM) * Kosovo Campaign Medal (KCM) * North Atlantic Treaty Organization (NATO) Medal * Global War on Terrorism Expeditionary Medal (GWOTEM) 2. Based on his service in Kosovo during the period 6 November 2001 to 17 May 2002, he is authorized the...