IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120000621 


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 award of the Iraq Campaign Medal with two bronze service stars, Army Lapel Button, Overseas Service Ribbon (2nd Award), Armed Forces Reserve Medal with "M" Device, and North Atlantic Treaty Organization (NATO) "Non-Article 5" Medal (Africa).

2.  He further requests correction of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show the Global War on Terrorism Service Medal (GWOTSM), National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and active service of 1 month and 23 days for service in support of Operation Noble Eagle.

3.  He states:

	a.  He was issued the Global War on Terrorism Expeditionary Medal (GWOTEM) for service in the Horn of Africa (Djibouti) under Operation Enduring Freedom.

	b.  He was issued the GWOTSM for service in support of Operation Noble Eagle while performing airport security operations, which authorizes him the Armed Forces Reserve Medal with "M" Device.

	c.  He was ordered to active duty in Iraq from 10 June 2004 through 20 June 2005 for which he is authorized the Iraq Campaign Medal with two bronze service stars for participation in two campaigns.

4.  He provides:

* two DD Forms 214
* State of Alaska Department of Military and Veterans Affairs 
Orders 289-171
* NGB Form 22 
* State of Alaska Department of Military and Veterans Affairs 
Orders 079-006
* Headquarters, 10th Mountain Division (Light Infantry), Orders 160-706
* Army Commendation Medal Certificate
* Combined Joint Task Force Certificate of Achievement
 
CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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 Army National Guard (ARNG) on 30 December 1998.  He was awarded the military occupational specialty of 11B (Infantryman).

3.  State of Alaska Department of Military and Veterans Affairs Orders 289-171, dated 16 October 2001, show he was ordered to active duty in support of Operation Noble Eagle for the period 4 October 2001 through 19 February 2002 under Title 32, USC.

4.  On 27 November 2001, he was honorably discharged from the ARNG to enlist in the Regular Army.  His NGB Form 22 shows award of the Army Service Ribbon and Army Achievement Medal.

5.  On 28 November 2001, he enlisted in the Regular Army.

6.  He reenlisted in the Regular Army on 4 February 2004 and 5 November 2004.

7.  He was discharged from active duty on 11 August 2005.  His DD Form 214 for this period shows he completed 3 years, 8 months, and 14 days of active service.

	a.  This form further lists award of the:

* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* GWOTEM
* GWOTSM
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars
* Combat Infantryman Badge
* Mechanic Badge with Driver-W Device

	b.  This form also shows he served in Djibouti, Africa, from 1 May 2003 to 15 October 2003 and in Iraq from 10 June 2004 to 20 June 2005.

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

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  The NATO Medal was authorized by the Secretary-General of NATO for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  The U.S. Army Human Resources Command website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.

	c.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in Iraq or Afghanistan receive credit for a completed short tour (rules 6 and 8 of 
table 3-2 Army Regulation 614-30 (Overseas Service) apply).  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	d.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components (RC) for a period of 10 years.  Also qualifying for this award are members who were called to active duty on or after 1 August 1990 and served under sections 12301(a), 12302, 12304, or 12406 of Title 10, USC.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense as defined in section 101(A)(13) of Title 10, USC.   The "M" Device will be worn on the Armed Forces Reserve Medal to denote this service.

	e.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility 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.

		(1) Only one award of the Iraq Campaign Medal may be authorized for any individual, and under no condition will personnel or units receive the Iraq Campaign Medal, GWOTEM, GWOTSM, Afghanistan Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

		(2) The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Appendix B shows participation credit was awarded for the following relevant campaigns:  Transition of Iraq (2 May 2003-28 June 2004) and Iraqi Governance (29 June 2004-15 December 2005).

	f.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005 in an area for which the Iraq Campaign Medal was subsequently authorized will remain qualified for that medal.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	g.  The GWOTSM 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 GWOTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including RC Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.
   h.  The Army Lapel Button is a gratuitous issue and the eligibility requirements are:

* transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate)
* transitioning under a non-adverse separation provision
* having served a minimum 9 months continuous service - a break in service is 24 hours or more 
* having had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986 
* retroactive issuance is not authorized
* no Soldier separating from the Service is to be awarded more than one Army Lapel Button

9.  National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of ARNG enlisted Soldiers in specified functional areas.  Table F-1 contains item-by-item preparation instructions for the NGB Form 22.

	a.  The regulation provides for entering in item 15 all Federal and State awards from the Soldier's entire service until the effective date of separation for which the form was issued.

	b.  It further provides for entering all periods of active service during the current period of service for which a DD Form 214 or DD Form 220 (Active Duty Report) was issued.  Army Regulation 635-5 (Separation Documents) states RC Soldiers will be issued a DD Form 214 for serving 90 days of continuous active duty and a DD Form 220 will be issued upon completion of basic training for those RC Soldiers who enlisted in the USAR Split Training Program or the Army National Guard of the U.S. Alternate Training Program.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 for the period ending 11 August 2005 shows he served in Iraq from 10 June 2004 to 20 June 2005 indicating he participated in two campaigns.  Therefore, he is eligible to have the Iraq Campaign Medal with two bronze service stars added to his DD Form 214.

2.  He served overseas in Iraq for a length of time qualifying him for the Overseas Service Ribbon.  However, there is no evidence in his records to show he completed a second overseas tour.  As such, he is eligible to have his DD Form 214 corrected to show the Overseas Service Ribbon with no subsequent award.

3.  The evidence shows he is authorized the Army Lapel Button.  As such, he is eligible to have this button added to his DD Form 214.

4.  There is no evidence he received a certificate showing he was authorized the NATO Medal.  As such, there is an insufficient basis to add this medal to his DD Form 214.

5.  State of Alaska Department of Military and Veterans Affairs Orders 289-171 show he was ordered to active duty in support of Operation Noble Eagle for the period 4 October 2001 through 19 February 2002.  He was discharged from the ARNG on 27 November 2001.  In the absence of orders amending or revoking Orders 289-171, it is reasonable to presume he performed active duty in support of Operation Noble Eagle from 4 October 2001 to 27 November 2001.

	a.  As such, it would be appropriate to add the National Defense Service Medal and GWOTSM to his NGB Form 22.

	b.  However, his active duty in support of Operation Noble Eagle was not under the authority of sections 12301(a), 12302, 12304, or 12406 of Title 10, USC.  Therefore, it does not appear he is authorized the Armed Forces Reserve Medal with "M" Device. 

6.  His service in support of Operation Noble Eagle did not meet the criteria for issuance of a DD Form 214 or DD Form 220.  As such, this service should not be entered on his NGB Form 22.

7.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends all State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  amending his NGB Form 22 to add the NDSM and GWOTSM; and

	b.  amending his DD Form 214 for the period ending 11 August 2005 to add the:

* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon
* Army Lapel Button

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:

	a.  adding the NATO Medal, Overseas Service Ribbon (2nd Award), and Armed Forces Reserve Medal with "M" Device to his DD Form 214 for the period ending 11 August 2005; and

	b.  adding the Armed Forces Reserve Medal with "M" Device and active service in support of Operation Noble Eagle to his NGB Form 22.



      ____________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)                                         AR20120000621



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ABCMR Record of Proceedings (cont)                                         AR20120000621



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