IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012846
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 National Defense Service Medal (NDSM) and Contingency Force Pool/Force Support Package (CFP/FSP) Ribbon.
2. The applicant states he was awarded the NDSM and CFP/FSP Ribbon; however, they were not included on his DD Form 214 at the time of his release from active duty (REFRAD).
3. The applicant provides copies of his DD Forms 214 for the periods ending 17 October 1997 and 12 May 2002 and a memorandum announcing his award of the CFP/FSP Ribbon.
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. After serving 2 years and 1 day in the Iowa Army National Guard, the applicant enlisted in the Regular Army on 13 May 1999 for a period of 3 years. He completed his training and was transferred to Hawaii for his first and only duty assignment.
3. On 12 May 2002, he was honorably REFRAD due to completion of required service. He completed 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Lapel Button, Army Achievement Medal, Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Global War on Terrorism Service Medal.
4. The memorandum issuing the applicant the CFP/FSP Ribbon was issued by the Iowa Army National Guard.
5. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 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.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that only awards listed in Army Regulation 600-8-22 will be entered on the DD Form 214. Awards issued by individual States are not listed in Army Regulation 600-8-22.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period for award of the NDSM. Accordingly, it should be added to his DD Form 214 for the period ending 12 May 2002 at this time.
2. However, his award of the CFP/FSP Ribbon is a State award and is not authorized for entry on the 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 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 adding award of the NDSM to his DD Form 214 for the period ending 12 May 2002.
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 adding the award of the CFP/FSP Ribbon to his DD Form 214.
3. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130012846
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