IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110001765 


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 following:

* Missing Foreign service time
* Global War on Terrorism Service Medal (GWOTSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Armed Forces Expeditionary Medal (AFEM)
* Two awards of the Army Commendation Medal (ARCOM) 
* Army Good Conduct Medal (AGCM)
* Korea Defense Service Medal (KDSM)
* Primary Leadership Development Course (PLDC)
* Noncommissioned Officer Professional Development Ribbon (NPDR)

2.  He states the above awards were not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He maintains he was deployed to Egypt in support of Operation Bright Star from 10 September 2001 to November 2001.  He also maintains he was deployed to Qatar from November 2002 to July 2003 in support of Operation Enduring Freedom/Operation Iraqi Freedom (OEF/OIF), and Operation Desert Spring.  He offers that he should be awarded the AFEM for his support during Operation Desert Spring in Qatar.  He also says he should be entitled to the GWOTSM for his support during Operation Noble Eagle and the KDSM for being assigned to Korea from November 1998 to November 1999.  Additionally, he offers that PLDC was not listed under education on his DD Form 214.  


3.  He provides the following:

* DD Form 214
* Self-authored statement
* Orders D-10-533265, dated 11 October 2005
* DA Form 2-1 (Personnel Qualification Record)
* PLDC certificate, dated 4 October 2002
* DA Forms 638 (Recommendation for Award), front page only
* Certificate of Training
* Diploma, dated 12 February 1999

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 Regular Army on 11 June 1998.  He served in Korea from 31 October 1998 to 30 October 1999.  He was honorably released from active duty on 30 November 2003 in the rank/grade of corporal/E4.  He was credited with completing 5 years, 5 months, and 20 days of active duty service.

3.  Item 12f (Foreign Service) of his DD Form 214 shows he was credited with
1 year of Foreign Service.

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

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
5.  Item 14 (Military Education) of his DD Form 214 shows he completed the Military Police course, 10 weeks, in 1998.

6.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.

7.  There is no indication of any adverse actions or documentation in the applicant's records.

8.  Certificate of training shows he successfully completed 40 hours of Gatekeeper training from 14 to 18 December 1998.

9.  U.S. Army Military Police School diploma shows he fulfilled the requirements of the Military Police Special Reaction Team Course from 8 to 12 February 1999 and successfully graduated on 12 February 1999.

10.  He provided the front page of a DA Form 638, dated 8 September 2003, that shows his platoon sergeant recommended him for the ARCOM as a permanent change of station award for the period 15 November 1999 to 31 October 2003.  The platoon sergeant listed the applicant's deployment with the 410th Military Police Company to Egypt in support of Operation Bright Star from September to November 2001 as one of his achievements.  However, a copy of the complete DA Form 638 with an order number indicating the recommendation was approved was not provided and a copy is not contained in his official military personnel file (OMPF).

11.  He also provided the front page of a DA Form 638, dated 21 October 2003, that shows his company commander recommended him for the ARCOM as a service award for the period 12 November 2002 to 26 July 2003.  The company commander listed the applicant's support during Operation Enduring/Iraqi Freedom from 12 November 2002 through 26 July 2003 as justification for the recommendation.  However, a copy of the complete DA Form 638 with an order number indicating the recommendation was approved was not provided and a copy is not contained in his OMPF.

12.  The PLDC certificate shows he successfully completed the PLDC from 
5 September 2002 through 4 October 2002 at Fort Hood, Texas.

13.  The Defense Finance and Accounting Service (DFAS) verified that his record shows he received hostile fire/imminent danger pay (HF/IDP) from
13 November 2002 through 27 July 2003 for Qatar in support of OEF/OIF. Additionally, the DFAS representative does not verify the applicant's deployment to Egypt.

14.  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 the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  

15.  A Human Resources Command message, dated 17 March 2004, disseminated implementing instructions for award of the GWOTEM 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.  Initial award of the GWOTEM was limited to service members deployed abroad in OEF and OIF in numerous designated specific geographic AOE, including Qatar.

16.  Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The regulation provides a listing of authorized military operations.  It shows that Operation Dessert Spring from 31 December 1998 to 18 March 2003 was designated as an operation authorized for award of the AFEM.

17.  Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
19.  The request, with a DA Form 638, must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

20.  Army Regulation 600-8-22 provides guidelines for the award of the AGCM.  The regulation states that the AGCM is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

21.  Army Regulation 600-8-22 states that in instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s OMPF.  The immediate commander’s decision to award the AGCM will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

22.  Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.



23.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  Paragraph 5-6 of the awards regulation contains guidance on the Noncommissioned Officer Professional Development Ribbon (NPDR).  It indicates the ribbon was established by the Secretary of Army on 
10 April 1981, as announced in Department of the Army General Order 15, dated 10 October 1990.

24.  Paragraph 5-6 of the awards regulation further states, in pertinent part, that the NPDR is awarded to members of Active Army, Army National Guard (ARNG), and U.S. Army Reserves (USAR) for successful completion of designated Noncommissioned Officer (NCO) Professional Development Courses as follows: Primary Level consist of the Primary NCO Course, Combat Arm, Primary Leadership Course, Primary Technical Courses (Services School), and Warrior Leader Course, formerly called PLDC, for award of the basic ribbon.  The Basic level consists of the Basic NCO Course, Combat Arms, Basic Technical Courses. 

25.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that 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.  Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief during the period covered in item 12f.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

26.  Army Regulation 635-5 states to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 in item 14 to include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The DFAS verified that the applicant received HF/IDP from 13 November 2002 through 27 July 2003 for Qatar.  Therefore, his records should be corrected to show deployment in Qatar in item 18 of his DD Form 214.

2.  His service in Qatar also qualifies him for award of the GWOTEM.  Therefore, his records will be corrected to show this award.  

3.  The evidence of record shows he was on active duty on 11 September 2001 for more than 30 days; therefore, he is eligible for award of the GWOTSM and correction of his DD Form 214 for the period to show this award.

4.  There is no evidence and he did not provide any to show he was deployed in support of Operation Desert Spring.  Therefore, in the absence of documentation to verify this deployment, there is an insufficient basis to grant his request for the award of the AFEM.

5.  He provided the front page of two DA Forms 638 that indicate he was recommended for the award of the ARCOM on two separate occasions.  However, in the absence of completed recommendations bearing the approval authority's signature and order numbers, there is an insufficient basis to approve his request for these awards.  While the available evidence is insufficient for two awards of the ARCOM, this in no way affects his right to pursue his claim for the these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

6.  There is no adverse information contained in the applicant’s records and there is no documentation disqualifying him from award of the AGCM.  Therefore, in the interest of equity and justice it would be appropriate to correct his records to show that he is entitled to the award of the AGCM for the period 11 June 1998 to 13 June 2001.

7.  The evidence of record shows he served in Korea during a qualifying period for award of the KDSM.  Therefore, his records should be corrected to show this award.

8.  An available certificate shows he successfully completed PLDC.  Therefore, his DD Form 214 should be corrected to show award of the NPDR.  Additionally, item 14 should be corrected to show he successfully completed PLDC, 4 weeks, October 2002.

9.  Although not requested, his certificate of training shows he successfully completed 40 hours of Gatekeeper training from 14 to 18 December 1998.  Therefore, item 14 should also be corrected to add this training course.  






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.  awarding him the AGCM 1st award for the period 11 June 1998 to 13 June 2001;

   b.  adding to item 13 of his DD Form 214 GWOTSM, GWOTEM, AGCM, NPDR, and the KDSM; 
   
	c.  adding to item 14, of his DD Form 214 PLDC, 4 weeks, October 2002 and Gatekeeper Training, 1 week, December 1998; and

	d.  by showing "SERVICE IN QATAR FROM 20021113 TO 20030727" in item 18 of his DD Form 214.

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 the award of the AFEM and two awards of the ARCOM.  



      _______ _   _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)                                         AR20110001765





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001765



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1