IN THE CASE OF:	  

		BOARD DATE:	    4 March 2014

		DOCKET NUMBER:  AR20130012438 


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 25 May 2006 to show the:

* Global War on Terrorism Expeditionary Medal (GWOTEM)
* Army Lapel Button (ALB)
* National Emergency Medal with 9-11 Clasp

2.  He states the GWOTEM is entered on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), but it was not entered on his DD Form 214 when he was released from active duty (REFRAD).  He would like to have the GWOTEM added to his DD Form 214 along with the ALB and National Emergency Medal with 9-11 Clasp.

3.  He provides two DD Forms 214 and an NGB Form 22.

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 had prior service in the U.S. Marine Corps and U.S. Marine Corps Reserve.  On 15 April 2003, he enlisted in the Alabama Army National Guard (ALARNG).  

3.  On 7 January 2005, Joint Force Headquarters, Alabama National Guard, issued Orders 007-088 ordering him to report to active duty on 31 January 2005 in support of Operation Enduring Freedom.  His record shows he reported as ordered.

4.  On 25 May 2006, he was honorably REFRAD and returned to his ALARNG unit.  The DD Form 214 issued at that time shows in:

* item 12f (Foreign Service) – 1 year, 1 month, and 14 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – no entries for the GWOTEM, ALB, or National Emergency Medal with 9-11 Clasp 

5.  On 1 October 2006, he was honorably discharged from the ALARNG.  The NGB Form 22 issued at that time shows the ALB, GWOTEM, and National Emergency Medal with 9-11 Clasp.  

6.  Following a break in service, on 17 February 2009, he enlisted again in the ALARNG.  On 16 February 2012, he was honorably discharged.  The NGB Form 22 issued at that time shows the ALB, GWOTEM, and National Emergency Medal with 9-11 Clasp.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation lists authorized awards and decorations and their order of precedence for entry on the DD Form 214.  The regulation does not list a National Emergency Medal with 9-11 Clasp.

8.  Army Regulation 600-8-22 states the GWOTEM 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 (AOE) 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 GWOTEM.  Army Regulation 600-8-22 further states 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 AOE, or meet other specified criteria.

9.  Army Regulation 600-8-22 states the ALB is a gratuitous issue.  It is issued to Soldiers who:  

* transition 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)
* transition under a non-adverse separation provision
* have served a minimum 9 months continuous service - a break in service is 24 hours or more 
* have 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, and no Soldier separating from the Service is to be awarded more than one ALB.  

10.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation states to list a Soldier's awards and decorations in item 13 of the DD Form 214 in the sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he deployed in support of Operation Enduring Freedom and served overseas for more than a year.  Based on this service, he was eligible for the GWOTEM when he was REFRAD in 2006; however, it appears an administrative error occurred that resulted in the GWOTEM being omitted from the DD Form 214 issued at the time.  It would be appropriate to correct this DD Form 214 for the period ending 25 May 2006 to show the GWOTEM.  

2.  There is no basis for adding the ALB to his DD Form 214 for the period ending 25 May 2006.  He was not yet eligible for the ALB when he was REFRAD on 25 May 2006.  He became eligible for the ALB when he was honorably discharged from the ALARNG on 1 October 2006, and the ALB is properly shown on the NGB Forms 22 issued when he was discharged in 2006 and 2012.  

3.  He was awarded the National Emergency Medal with 9-11 Clasp; however, this award is not governed by Army Regulation 600-8-22.  As such, there is no provision for adding it to his DD Form 214 for the period ending 25 May 2006.

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 the GWOTEM to his DD Form 214 for the period ending 25 May 2006.

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 the ALB and National Emergency Medal with 9-11 Clasp.  



      _____________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)                                         AR20130012438





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ABCMR Record of Proceedings (cont)                                         AR20130012438



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