BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003326 


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 31 March 2004 by:

* removing the word "Jumpmaster" from the Special Forces Military Free Fall Jumpmaster Badge (properly known as the Military Free Fall Parachutist Badge)
* adding the Joint Service Commendation Medal
* adding the Meritorious Service Medal (2nd Award)

2.  He states he believes the DD Form 214 should be as correct as possible and adding these two awards would serve to correct this document.  Item 18 (Remarks) of the DD Form 214 is incorrect because he is "HALO Badge" and "Static Jumpmaster" qualified; therefore, the incorrect entry pertaining to the Military Free Fall Parachutist Badge should be omitted. 

3.  The applicant provides:

* DD Form 214
* course completion certificate
* Meritorious Service Medal 
* Joint Service Commendation Medal certificate and citation 




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.  He provided Permanent Order 111-24, dated 21 April 2011, showing he was awarded the Meritorious Service Medal for the period November 1993 to November 2003.  His record contains Permanent Order 4-9, dated 4 January 2002, which awarded him the Meritorious Service Medal for the period 
17 January 1998 to 6 December 2001.  A DD Form 215 (Correction to DD Form 214) prepared on 4 August 2011 deleted the Meritorious Service Medal and replaced it with the Meritorious Service Medal (2nd Award).  As such, this portion of his request will not be further addressed in this record of proceedings.  A copy of the DD Form 215 will be provided to him.

3.  He provided a certificate of training that shows he completed the Military Free Fall Parachutist Course during the period 10 February to 19 March 1993.  His record contains Permanent Orders 363-4, dated 29 December 1995, that awarded him the Military Free Fall Parachutist Badge.

4.  On 16 February 2004, the Secretary of Defense authorized the award of the Joint Service Commendation Medal to the applicant for meritorious achievement during the period 22 January to 19 April 2003 while serving as the Engineer Noncommissioned Officer in Charge, Combined Joint Special Operations Task Force - North, 10th Special Forces Group (Airborne), Camp Loki, Iraq in support of Operations Enduring and Iraqi Freedom.  The certificate was signed by an Army officer in the grade of brigadier general. 

5.  On 31 March 2004, he retired after completing 20 years, 3 months, and 
29 days of honorable service.  His DD Form 214, item 18 contains, in part, the entry "Special Forces Military Freefall Jumpmaster Badge."  It does not show he was awarded the Global War on Terrorism Service Medal or the Iraq Campaign Medal.  In part, it shows he was awarded the Armed Forces Expeditionary Medal (2nd Award) and he had three periods of service in Southwest Asia.  
6.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

7.  Army Regulation 600-8-22 states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 
31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant served in Iraq during the Liberation of Iraq (19 March 2003-1 May 2003).

8.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Joint Service Commendation Medal for achievement during his period of service in Iraq.  Therefore, he is authorized to add this award to his DD Form 214.  

2.  Orders awarded him the "Military Free Fall Parachutist Badge."  His DD Form 214 incorrectly lists it as the "Special Forces Military Freefall Jumpmaster Badge."  As a result, the correct entry should be entered on his DD Form 214.

3.  His 3-month period of service in Iraq entitles him to award of the Iraq Campaign Medal with one bronze service star and addition of this award to his DD Form 214.  

4.  The applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal and therefore he is entitled to have this award added to his DD Form 214. 

BOARD VOTE:

__X______  _X_______  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 31 March 2004 as follows:

	a.  deleting from item 18 the entry "Special Forces Military Freefall Jumpmaster Badge" and replacing it with "Military Free Fall Parachutist Badge"; and 

	b.  adding the Joint Service Commendation Medal, Iraq Campaign Medal with one bronze service star, and Global War on Terrorism 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)                                         AR20140003326



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ABCMR Record of Proceedings (cont)                                         AR20140003326



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