BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120021721 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards he is entitled to.

2.  The applicant states his DD Form 214 does not reflect the awards he received while serving on active duty.  He was discharged from a combat-imminent danger zone and the awards for his service were not received prior to leaving the country or upon receiving his discharge.  

3.  The applicant provides a copy of his DD Form 214.

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.  Having had prior service, the applicant enlisted in the Alabama Army National Guard (ALARNG) on 5 September 1996 and he held military occupational specialty 11M (Fighting Vehicle Infantryman).  

3.  He was honorably discharged from the ALARNG on 3 January 2000.  His National Guard Bureau Form 22E (Report of Separation and Record of Service) lists the:

* Army Service Ribbon
* Armed Forces Reserve Medal with bronze 10-Year and "M" Devices
* Army Commendation Medal with 1st Oak Leaf Cluster (OLC)
* Southwest Asia Service Medal with two bronze service stars
* Operation Desert Storm Service Medal of Alabama with one bronze service star
* National Defense Service Medal
* Army Reserve Components Overseas Training Ribbon with Numeral 2
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Reserve Components Achievement Medal with 2nd OLC
* Faithful Service Medal of Alabama with two bronze Saint Andrews Crosses
* Kuwait Liberation Medal (Saudi-Arabia)
* Army Lapel Button
* Kuwait Liberation Medal (Government of Kuwait)
* Active Duty Basis Training Ribbon of Alabama

4.  He enlisted in the Regular Army (RA) on 4 January 2000 in MOS 11M.  He was assigned to Fort Hood, TX.

5.  He was discharged on 19 April 2002.  He was credited with completing 2 years, 3 months, and 16 days of net active service with no time lost.  His DD Form 214 lists the:

* Army Commendation Medal with 1st OLC
* Army Reserve Components Achievement Medal with 2nd OLC
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Armed Forces Reserve Medal with bronze 10-Year and "M" Devices
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon with Numeral 2


* Kuwait Liberation Medal (Saudi-Arabia)
* Kuwait Liberation Medal (Government of Kuwait)
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  On 17 June 2013, a staff member of the Defense Finance and Accounting Service verified the applicant did not receive hostile fire/imminent danger pay and combat zone tax exclusion.  Their records show he only received foreign duty pay and no country code was posted.

7.  Army Regulation 600-8-22 (Military Award) states:

	a.  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 to 30 November 1995; and 11 September 2001 to a date to be determined.

   b.  The Global War on Terrorism Service Medal, established by Executive Order 13289, 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, on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  Records confirm the applicant completed a qualifying period for entitlement to a second award of the National Defense Service Medal and he served doing a qualifying period for award of the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  It appears the applicant served in Southwest Asia and Kuwait during his period of ALARNG service.  He was issued an NGB Form 22E that properly captured his ARNG service and listed his awards and decorations.  

3.  He also served in the RA from 14 January 2000 through 19 April 2002.  Based on his prior ARNG service, when his DD Form 214 was processed it properly listed those awards.  There is no evidence of record and he did not provide sufficient evidence of his entitlement to any other awards for his periods of ALARNG or RA service. 



BOARD VOTE:

___x__  ___x_____  __x_____  GRANT FULL RELIEF 

________  ________  ________  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 National Defense Service Medal from the applicant's DD Form 214 the:
* adding to the applicant's DD Form 214 the:

* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal

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 addition of any other awards for his periods of service with the Alabama Army National Guard and Regular Army.



      _______ _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)                                         AR20120021721



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ABCMR Record of Proceedings (cont)                                         AR20120021721



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