IN THE CASE OF:	  

		BOARD DATE:  11 July 2013

		DOCKET NUMBER:  AR20120022410 


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 the:

* Meritorious Service Medal
* Afghanistan Campaign Medal
* Korea Defense Service Medal
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

2.  The applicant states the medals were received after his retirement in 2004.

3.  The applicant provides:

* his DD Form 214 for the period ending 29 February 2004
* a Meritorious Service Medal Certificate, dated 18 December 2003

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 Regular Army on 8 May 1984 and he held military occupational specialty 11B (Infantryman).  He served in a variety of stateside or overseas assignments and he attained the rank/grade of staff sergeant (SSG)/E-6.

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in:

* Alaska from 18 May 1984 to 31 May 1986
* Korea from 15 February 1988 to 15 February 1989
* Southwest Asia from 1 September 1990 to 9 March 1991
* Korea from 4 November 1991 to 3 November 1992
* Alaska from 31 March 1998 to 14 May 2001

4.  He retired on 29 February 2004 by reason of sufficient service for retirement and he was placed on the Retired List on 1 March 2004 in his retire rank/grade of SSG/E-6.  His DD Form 214 shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (5th Award)
* Army Achievement Medal (7th Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer's Professional Service Ribbon with
Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Combat Infantryman Badge (2nd Award)
* Expert Infantryman Badge
* 
Air Assault Badge
* Drill Sergeant Identification Badge 

* item 18 (Remarks) the entry "SERVICE IN SOUTHWEST ASIA 19900901 - 19910309" and "SERVED IN AFGHANISTAN:  3 MARCH 2002 - 
15 AUGUST 2002"

5.  Permanent Orders 352-422, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, dated 18 December 2003, awarded the applicant the Meritorious Service Medal for the period 2 February 1984 to 29 February 2004 as a retirement award.

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

	a.  The Afghanistan Campaign Medal is awarded to members who served in direct support of Operation Enduring Freedom.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of Operation Enduring Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001 - 30 November 2001)
* Consolidation I (1 December 2001 - 30 September 2006)
* Consolidation II (1 October 2006 - 30 November 2009)
* Consolidation III (1 December 2009 - 30 June 2009)
* Transition I (1 July 2011 - date to be determined)

	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.  The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Under no condition will personnel or units receive the Afghanistan Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, 

Iraq Campaign Medal, or Armed Forces Expeditionary Medal for the same action, time period, or service.

	c.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Meritorious Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he served in Korea during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant served a qualifying period of service for entitlement to the Global War on Terrorism Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant served in Afghanistan from 3 March 2002 to 15 August 2002 and participated in one campaign.  Therefore, he is entitled to the Afghanistan Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award.

5.  With respect to the Global War on Terrorism Expeditionary Medal, by regulation, Soldiers who qualified for the Global War on Terrorism Expeditionary Medal by reason of service between 24 October 2001 and 28 February 2005 in an area for which the Afghanistan Campaign Medal was subsequently authorized will remain qualified for that medal.  However, no service member will be entitled to both medals for the same act, achievement, or period of service.  Since he is eligible for award of the Afghanistan Service Medal with one bronze 

service star for this period of service, he is ineligible for the Global War on Terrorism Expeditionary Medal for this same period of service.  Therefore, there is no basis for adding this award to his DD Form 214.

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 adding to his DD Form 214 for the period ending 29 February 2004 the:

* Meritorious Service Medal 
* Afghanistan Campaign Medal with one bronze service star
* Korea Defense Service Medal
* Global War on Terrorism Service Medal

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 adding the Global War on Terrorism Expeditionary 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)                                         AR20120022410



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ABCMR Record of Proceedings (cont)                                         AR20120022410



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