IN THE CASE OF:	  

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140001133 


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 that his final DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of his foreign service, four awards of the Army Achievement Medal, Global War on Terrorism Expeditionary Medal (GWOTEM), Armed Forces Reserve Medal with “M” Device, and the Noncommissioned Officer Professional Development Ribbon with Numeral “3.”

2.  The applicant states his final DD Form 214 does not reflect all of his foreign service or the above awards.

3.  The applicant provides copies of four DD Forms 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.  The applicant was serving in the pay grade of E-7 in the Montana Army National Guard when he was ordered to active duty on 27 March 2003 in support of Operation Enduring Freedom.  He deployed to Kuwait/Iraq during the period 20030519 – 20040510.

3.  On 18 May 2004, he was honorably released from active duty (REFRAD) due to completion of required active service.  His DD Form 214 issued at the time of his REFRAD shows that he served 11 months and 22 days of foreign service and he was awarded the GWOTEM, Army Commendation Medal (2nd Award), Army Achievement Medal (4th Award), Army Good Conduct Medal (6th Award), Army Reserve Components Achievement Medal, National Defense Service Medal (3rd Award), Humanitarian Service Medal, Armed Forces Reserve Medal (2nd Award), and Armed Forces Reserve Medal with “M” Device.

4.  On 19 May 2004, he was again ordered to active duty and served until he was honorably retired on 31 October 2004 due to sufficient service for retirement.  The DD Form 214 issued at the time of his retirement shows no foreign service performed during that period and his awards were the Army Commendation Medal, Army Achievement Medal (3rd Award), Army Reserve Components Achievement Medal, National Defense Service Medal (3rd Award), Global War on Terrorism Service Medal, Humanitarian Service Medal, Armed Forces Reserve Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral “3,” Army Service Ribbon, and Army Good Conduct Medal (6th Award).

5.  A review of the applicant's official records failed to reveal that he performed any foreign service during his last call to active duty prior to his retirement.

6.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

7.  Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only foreign service performed during the period covered by the DD Form 214 will be entered on that form.  It also provides that all decorations and awards will be entered on the DD Form 214.





DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that all of his awards were not entered on his last DD Form 214 has been noted and found to have merit.

2.  The applicant was previously awarded the Army Commendation Medal (2nd Award), Army Achievement Medal (4th Award), GWOTEM, and the Armed Forces Reserve Medal with “M” Device which were omitted from his last 
DD Form 214, dated 31 October 2004.  Accordingly, they should be added at this time.

3.  The applicant’s contention that the Noncommissioned Officer Professional Development Ribbon with Numeral “3” should be added to his DD Form 214 does not need correction as it is already reflected on the form.

4.  The applicant’s contention that all of his foreign service should be reflected on his last DD Form 214 has also been noted and appears to lack merit.  The applicant did not complete any foreign service during the period covered by the final DD Form 214.

5.  However, the applicant previously served during a qualifying period for award of the Overseas Service Ribbon and it should be added to his DD Form 214 at this time.

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:

* Deleting the awards of the Army Commendation Medal and Army Achievement (3rd Award) from his DD Form 214, dated 31 October 2004
* Adding the awards of the Army Commendation Medal (2nd Award), Army Achievement Medal (4th Award), GWOTEM, Armed Forces Reserve Medal with “M” Device, and the Overseas Service Ribbon to his DD Form 214, dated 31 October 2004

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 all of his foreign service to his DD Form 214, dated 31 October 2004.  



      _______ _   _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)                                         AR20140001133



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ABCMR Record of Proceedings (cont)                                         AR20140001133



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