IN THE CASE OF:	  

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019066 


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) for the period ending 9 August 2003 to show the following awards:

* Iraq Campaign Medal
* Armed Forces Service Medal (Bosnia)
* Overseas Service Ribbon
* United Nations Medal (Haiti, Somalia, or Bosnia)

2.  The applicant states he served his country for 27 years during Operations Desert Shield/Desert Storm and in Somalia, Haiti, and Iraq.  He only asks for the awards he earned or was authorized.  The passage of time should not diminish the acts or negate the eligibility for the awards.

3.  The applicant provides his DD Forms 214 for the periods ending 29 April 1999 and 9 August 2003 and printouts of the criteria for the requested awards.

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 was born on 25 January 1950.  He served in the Regular Army (RA) and U.S. Army Reserve (USAR) in a variety of stateside and overseas assignments and he attained the rank/grade of first sergeant (1SG)/E-8.  He was placed on the Retired List in the rank/grade of 1SG/E-8 on 25 January 2010.

3.  He initially enlisted in the RA on 29 April 1969 and he was honorably released from active duty on 20 January 1972.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he was awarded or authorized the National Defense Service Medal.

4.  He enlisted in the USAR on 18 August 1978 and he served through multiple extensions or reenlistments.  He entered active duty in support of contingency or humanitarian operations on various occasions and he was issued multiple DD Forms 214.

5.  He entered active duty in support of Operations Desert Shield/Desert Storm on 20 September 1990 and served in Southwest Asia from 6 October 1990 to 23 May 1991.  He was honorably released from active duty on 24 June 1991.  His DD Form 214 and DD Form 215 (Correction to DD Form 214) for this period show he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal (2nd Award)
* Army Commendation Medal
* Army Achievement Medal
* Army Reserve Components Achievement Medal
* Overseas Service Ribbon
* Meritorious Unit Commendation
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* overseas service bar
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 3
* Parachutist Badge
* Army Reserve Components Overseas Training Ribbon
* Meritorious Service Medal

6.  He entered active duty on 28 December 1992 in support of Operation Restore Hope and he subsequently served in Somalia from on or about 28 December 1992 to on or about 2 July 1993.  He was honorably released from active duty on 2 July 1993.  His DD Form 214 for this period shows he was awarded or authorized the:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* National Defense Service Medal
* Army Achievement Medal
* Parachutist Badge
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* overseas service bar
* Meritorious Service Medal
* Army Reserve Components Achievement Medal
* NCO Professional Development Ribbon with Numeral 3

7.  He entered active duty on 7 January 1995 in support of Operation Uphold Democracy and subsequently served in Haiti from 20 January 1995 to 14 June 1995.  He was honorably released from active duty on 5 July 1995.  His DD Form 214 for this period shows the:

* Army Service Ribbon
* National Defense Service Medal (2nd Award)
* Army Achievement Medal with 1st Oak Leaf Cluster (OLC)
* Army Commendation Medal with 1st OLC
* Army Reserve Component Achievement Medal with 3rd OLC
* Overseas Service Ribbon
* NCO Professional Development Ribbon with Numeral 3
* Meritorious Unit Commendation
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Meritorious Service Medal
* Armed Forces Expeditionary Medal with 1st OLC
* Army Reserve Component Overseas Training Ribbon with 2nd OLC
* Parachutist Badge
* Armed Forces Reserve Medal
* Meritorious Service Medal


8.  He entered active duty on 20 August 1998 in support of Operation Joint Forge and subsequently served in Germany from 31 August to 7 September 1998 and in Bosnia from 10 September 1998 to 1 April 1999.  He was honorably released from active duty on 29 April 1999.  His DD Form 214 for this period shows he was awarded or authorized the:

* Meritorious Service Medal
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Meritorious Unit Commendation
* Armed Forces Service Medal
* Army Reserve Components Achievement Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal (2nd Award)
* Southwest Asia Service Medal with three bronze service stars
* Armed Forces Reserve Medal with "M" Device (4th Award)
* NCO Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Component Overseas Training Ribbon (2nd Award)
* North Atlantic Treaty Organization (NATO) Medal
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Parachutist Badge

9.  He entered active duty on 8 November 2002 in support of Operations Enduring/Iraqi Freedom and subsequently served in Kuwait from 21 November 2002 to 1 May 2003 and Iraq from 1 May 2003 to 14 July 2003.  He was honorably released from active duty on 9 August 2003.  His DD Form 214 for this period shows he was awarded or authorized the:

* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Reserve Components Achievement Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal
* Armed Forces Reserve Medal with "M" Device (5th Award)
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* 
Army Reserve Components Overseas Training Ribbon (5th Award)
* NATO Medal
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom.  The area of eligibility (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 Operation Iraqi Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	b.  The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  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, or meet other, specified criteria.  Initial award was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a number of designated specific geographic AOEs, including Kuwait. 

	c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	d.  The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than 6 months with various United Nations missions including the United Nations Protection Force in Yugoslavia, United Nations Operation in Somalia (to include U.S. Quick Reaction Force members), and the United Nations Mission in Haiti.  The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the United Nations Medal.  Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.

	e.  The Senior Representative of the Secretary-General who makes the award normally makes presentation of the United Nations Medal in the field.  Approval authority to accept and wear the United Nations Medal to a member of the Armed Forces of the United States is the Secretary of Defense.  When presentation is not so accomplished, any person who believes he or she is eligible for the award may submit a request to the U.S. Army Human Resources Command (AHRC), ATTN:  AHRC-PDO-PA, Fort Knox, KY, with a copy of any substantiating documents.  AHRC will forward each such request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the United Nations for consideration.

	f.  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.

	g.  A Frequently Asked Questions Document from the U.S. Army Human Resources Command Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states, "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months 

or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, table 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

	h.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  A bronze service star designates a second or a subsequent award of the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 9 August 2003 to show this award.

2.  The applicant served in Kuwait from 21 November 2002 to 1 May 2003.  This period of service qualifies him for award of the Global War on Terrorism Expeditionary Medal and correction of his records to show it.

3.  He also served in Iraq from 1 May 2003 to 14 July 2003.  This period of service qualifies him for award of the Iraq Campaign Medal.  Additionally, he participated in two campaigns (Liberation of Iraq and Transition of Iraq) during this period of service.  Therefore, he is entitled to award of two bronze service stars with the Iraq Campaign Medal and correction of his DD Form 214 for the period ending 9 August 2003 to show this award.

4.  He completed 7 months and 24 days of foreign service in Kuwait from 21 November 2002 to 1 May 2003 and Iraq from 1 May 2003 to 14 July 2003.  This period of foreign service does not qualify him for award of the Overseas Service Ribbon.  However, he was previously awarded the Overseas Service Ribbon as well as the Armed Forces Service Medal, but neither award is shown on his last DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 9 August 2003 to show both awards.

5.  With respect to the United Nations Medal, this medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. 

service medal.  The certificate issued by the United Nations constitutes award of the United Nations Medal.  Participation in the operation does not automatically qualify the individual for the United Nations Medal and the service member must have been presented the medal by a representative of the Secretary-General.  There is no evidence the applicant was presented this medal.

6.  The applicant served in the Regular Army during three periods wherein the National Defense Service Medal was authorized (1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined).  Therefore, he is entitled to three awards of the National Defense 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:

* deleting from his DD Form 214 for the period ending 9 August 2003 the National Defense Service Medal (2nd Award) 
* adding the following awards to his DD Form 214 for the period ending 9 August 2003:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Armed Forces Service Medal (Bosnia)
* Overseas Service Ribbon
* National Defense Service Medal (3rd Award)


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 award of the United Nations 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)                                         AR20110019066



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ABCMR Record of Proceedings (cont)                                         AR20110019066



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