BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130017673 


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), ending on 20 July 2008, and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), ending on 28 March 2012, to show the following awards:

* Texas Homeland Defense Service Medal
* Armed Forces Service Medal (2nd Award)
* Meritorious Unit Commendation
* Navy Unit Commendation

2.  The applicant states oversight in inputting the awards into his service jacket occurred as the awards became available.

3.  The applicant provides copies of the following:

* Orders Number 208-205, 263-312, 172-1110, 176-001, and 170-0075
* State Adjutant General's Individual Award certificate
* Memorandum for Record (MFR)
* Award of the Armed Forces Service Medal for Operation Jump Start memorandum
* Permanent Orders (PO) Number 082-26
* Texas Homeland Defense Service Medal for Operation Jump Start memorandum
* 2008 DD Form 214 and 2012 NGB Form 22
* Announcement of Approved Navy Unit Commendation
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.  With respect to correcting the applicant's NGB Form 22, paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that you have not exhausted all administrative remedies available to you.  There is no evidence that the applicant has applied to The Adjutant General, Texas Army National Guard (TXARNG) and/or the National Guard Bureau for the correction of this State form.  The applicant is advised to seek correction through his State or the NGB.  As a result, the portion of his request that pertains to correcting his NGB Form 22 will not be further discussed in this Record of Proceedings.

3.  The applicant enlisted in the TXARNG on 29 March 2006.  He was trained in and held military occupational specialty 31B (Military Police (MP)).

4.  He provided copies of the following orders:

* Number 208-205, dated 27 July 2006, which show he was ordered to active duty for special work (ADSW) with a report date of 30 July 2006
* Number 263-312, dated 20 September 2006, which show he was ordered to ADSW with a report date of 1 October 2006
* Number 172-1110, dated 21 June 2007, which show he was released from his unit for the purpose of mobilization
* Number 176-001, dated 25 June 2007, which show he was ordered to AD in support of Operation Iraqi Freedom (OIF) for a period of 400 days; the orders show he was assigned to the 236th MP Company

5.  He entered AD on 25 June 2007.  He served in Iraq from 18 September 2007 to 12 June 2008.  

6.  He also provided copies of the following:

   a.  A State Adjutant General's Individual Award certificate, dated 12 September 2007, issued to him for distinguished meritorious achievement and outstanding service. 

   b.  An MFR, dated 20 May 2008, authorizing him the Shoulder Sleeve Insignia-Former Wartime Service, Overseas Service Ribbon, one overseas service bar, Iraq Campaign Medal with one bronze service star, and Army Commendation Medal.

   c.  Orders Number 170-0075, dated 18 June 2008, which show he was released from AD with an effective date of 20 July 2008

   d.  A memorandum, dated 10 July 2008, which authorized award of the Armed Forces Service Medal for Operation Jump Start, from 15 May 2006 through 15 July 2008, to those service members who deployed in the area of eligibility (AOE) for Operation Jump Start.  The AOC for Operation Jump Start was designated as the states of Texas, New Mexico, Arizona, and California.

7.  He was honorably released from active duty on 20 July 2008 and was transferred to a TXARNG unit.  His DD Form 214 lists the:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Marine Corps Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* Air Force Training Ribbon
* Navy Sea Service Deployment Ribbon (2nd Award)

8.  He further provided copies of the following:

   a.  PO Number 082-26 issued by the U.S. Army Human Resources Command, dated 23 March 2010, awarding the Meritorious Unit Commendation for exceptionally meritorious service from 29 October 2007 through 10 December 2008 to Headquarters and Headquarters Company, 18th Military Police Brigade and its subordinate units in support of OIF.  The 236th MP Company is listed as a subordinate unit.

   b.  A Texas Homeland Defense Service Medal for Operation Jump Start memorandum, dated 30 March 2011, which authorized award of the medal to Soldiers and Airmen who served in defense support to the border mission Operation Jump Start from 22 May 2006 through 23 March 2008.

   c.  An Announcement of Approved Navy Unit Commendation, dated 1 February 2012, which published the listing of units eligible for the Navy Unit Commendation for action in OIF from 10 February 2008 through 8 February 2009.  The 236th MP Company (Army) is listed.

9.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal is awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate as member of U.S. military units, in a U.S. military such as peacekeeping and prolonged humanitarian operations.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty and provided a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  There are provisions in the regulation for listings state awards on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Armed Forces Service Medal (1st Award) for his service in support of Operation Jump Start in TX from 15 May 2006 through 15 July 2008.  Therefore, this DD Form 214 should be corrected to show this award.

2.  There is no evidence of record and he did not provide sufficient evidence he was authorized or awarded a second award of the Armed Forces Service Medal during his period of active duty.  Therefore, there is insufficient evidence to add a second award to his DD Form 214.

3.  PO awarded his unit the Meritorious Unit Commendation and his unit was authorized the Navy Unit Commendation for actions in OIF during his period of service in Iraq.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  With respect to correction of his DD Form 214 ending on 20 July 2008 to show the Texas Homeland Defense Service Medal, there are no provisions in the governing regulation for listing state awards on the DD Form 214.  Therefore, he is not entitled to correction of his 2008 DD Form 214 to show this award.

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 ending on 20 July 2008 the:

* Armed Forces Service Medal (1st Award)
* Meritorious Unit Commendation
* Navy Unit Commendation

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 correction of his 2008 DD Form 214 to lists the Texas Homeland Defense Service Medal or a second award of the Armed Forces Service 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)                                         AR20130017673





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ABCMR Record of Proceedings (cont)                                         AR20130017673



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