IN THE CASE OF:	  

		BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120008027 


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 all of his missing awards and decorations, including awards for his service in the Florida Army National Guard (FLARNG), specifically in support of Operation Noble Eagle (ONE), Operation Enduring Freedom (OEF), and Operation Iraqi Freedom (OIF).

2.  The applicant states his DD Form 2214 is missing the:

* Army Achievement Medal (AAM)
* Global War on Terrorism Service Medal (GWOTSM)
* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Iraq Campaign Medal (ICM)
* Army Good Conduct Medal (AGCM)
* Overseas Service Ribbon (OSR)
* Valorous Unit Award (VUA)

3.  The applicant provides eight enclosures as listed in item 17 (Remarks) of his application in support of his request.

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 enlisted in the FLARNG on 21 August 1998.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman).

3.  The evidence of record shows the applicant was ordered to active duty on
16 January 2003 in support of ONE, OEF, and OIF.  It further shows he served in Jordan from 6 March to 7 May 2003 and in Iraq from 8 May 2003 to 1 March 2004.  During his service in support of OEF/OIF the applicant served with the
1st Battalion, 124th Infantry Regiment.

4.  The applicant's record contains the following FLARNG memoranda that authorized the following awards for the periods indicated:

* 1 June 2005 – GWOTSM, 16 January to 7 March 2003
* 10 June 2005 – GWOTEM, Jordan from 6 March to 7 May 2003
* 10 June 2005 – ICM, Iraq 8 May 2003 to 1 March 2004
* 10 June 2005 – AGCM, 16 January 2003 to 18 March 2004
* 20 June 2006 – OSR, OEF/OIF 6 March 2003 to 1 March 2004

5.  On 20 April 2004, the applicant was honorably released from active duty, in the rank/grade of sergeant (SGT)/E-5.  He completed 1 year, 3 months, and       5 days of net active service this period.  The DD Form 214 he was issued at the time does not include the AAM, GWOTSM, GWOTEM, ICM, AGCM, OSR, or the VUA.  

6.  The applicant provides a DA Form 638 (Recommendation for Award), dated 21 February 2002, and corresponding AAM Certificate that shows Permanent Orders Number 10-81, issued by Headquarters, 50th Area Support Command, Homestead, FL awarded him the AAM for meritorious service in support of "Operation Safe Skies" during the period 2 October 2001 to 28 March 2002.

7.  Review of the Recently Approved Unit Awards listings maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC) shows the 1st Battalion, 124th Infantry Regiment was awarded the VUA for the 


period 25 April to 18 September 2003.  Although Department of the Army General Orders has not yet been published, unit awards listed in the HRC site are authorized to be added to the Soldier's uniform/records.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved include:

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

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Chapter 2 contains instructions for preparing the DD Form 214.  The instructions stipulate all awards will be added to the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the AAM, GWOTSM, GWOTEM, ICM, AGCM, OSR, and VUA to his DD Form 214 for the period ending 20 April 2004 has been carefully considered and found to have merit.  The applicant's record contains authorization documents for all of the awards noted by the applicant with the exception of the AAM and VUA.

2.  The applicant provided permanent orders which awarded him the AAM for meritorious service during the period 2 October 2001 to 28 March 2002.  Therefore, his DD Form 214 for the period ending 20 April 2004 should be corrected to show this award.

3.  HRC Military Awards Branch confirms that although Department of the Army General Orders has not yet been published, his unit in support of OEF/OIF was cited for award of the VUA during his period of assignment.  Therefore, his DD Form 214 for the period ending 20 April 2004 should be corrected to show this unit award.

4.  The applicant is also authorized to wear two bronze service stars on his ICM.



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 adding to his DD Form 214 for the period ending 20 April 2004 the:

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Iraq Campaign Medal with two bronze service stars
* Overseas Service Ribbon
* Valorous Unit Award



      ___________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)                                         AR20120008027



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ABCMR Record of Proceedings (cont)                                         AR20120008027



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