IN THE CASE OF:  	  

		BOARD DATE:  6 March 2015	  

		DOCKET NUMBER:  AR20140011734 


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:

	a.  he entered active duty in 2001 and

	b.  award of the Global War on Terrorism Expeditionary Medal (GWOTEM), Joint Service Commendation Medal, Joint Service Achievement Medal, Army Service Ribbon, and Noncommissioned Officer Professional Development Ribbon.

2.  The applicant states:

	a.  Item 12a (Date Entered Active Duty This Period) of his DD Form 214 is incorrect, the year should be 2001 not 1984.  Item 18 (Remarks) of his DD Form 214 states he was in the Delayed Entry Program from 26 February 2001 to 15 August 2001.  The next day was his first day on active duty.

	b.  He was awarded the Joint Service Commendation Medal and Joint Service Achievement Medal.

	c.  He deployed to Qatar in 2004 which qualifies him for the GWOTEM.

	d.  He believes the Army Service Ribbon is automatic.

	e.  He completed the Primary Leadership Development Course.

3.  The applicant provides:

* DD Form 214
* DA Form 1059 (Service School Academic Evaluation Report)
* orders for the Joint Service Achievement Medal and Joint Service Commendation Medal
* deployment orders
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)

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's DD Form 4 shows he enlisted in the Regular Army on 16 August 2001 for 4 years.  He completed his training and was awarded military occupational specialty 98Y (Signals Collector Analyst).

3.  He provided deployment orders, dated 13 February 2004, which show he was deployed to Qatar on 21 February 2004 for a period not to exceed 179 days.

4.  He provided Special Operations Command Central, Permanent Orders 
SC-0807, dated 24 June 2004, which awarded him the Joint Service Achievement Medal for meritorious achievement for the period 21 February 2004 to 20 August 2004.

5.  His DA Form 2166-8 (Noncommissioned Officer Evaluation Report) covering the period June 2004 to May 2005 shows he deployed to Qatar.

6.  He provided a DA Form 1059, dated 6 May 2005, which shows he completed the 4-week Primary Leadership Development Course.

7.  On 1 August 2006, he was honorably discharged.

8.  His DD Form 214 shows in:

* item 12a – 16 August 1984
* item 12b (Separation Date This Period) – 1 August 2006
* item 12c (Net Active Service This Period) – 4 years, 11 months, and 16 days
* item 14 (Military Education) – Signals Collector Analyst Course, 2002

9.  His DD Form 214 shows he was awarded or authorized the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Overseas Service Ribbon 

10.  He provided Menwith Hill Station, General Order Number D7-0876-07, dated 21 March 2007, which awarded him the Joint Service Commendation Medal for service during the period September 2003 to July 2006.

11.  Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in 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.  

	a.  This regulation 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.

	b.  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a designated specific geographic AOE, including Qatar.

12.  Army Regulation 600-8-22 states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and U.S. Army Reserve in an 


active Reserve status are eligible for the award upon successful completion of initial entry training.

13.  Army Regulation 600-8-22 states the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated noncommissioned officer professional development courses.  The Noncommissioned Officer Professional Development Ribbon consists of the basic ribbon with numeral devices of 2, 3, or 4, which signify satisfactory completion of the respective levels of noncommissioned officer professional development courses.

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level
 
14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated for item 14, list formal in-service (full-time attendance) training courses of at least 40 hours successfully completed (include title, length in weeks, and month and year completed).  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 4 shows he enlisted in the Regular Army on 18 August 2001.  Therefore, item 12a of his DD Form 214 should be corrected to show this date.

2.  Based on his service in Qatar, he is eligible for award of the GWOTEM.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  Orders show he was awarded the Joint Service Achievement Medal and Joint Service Commendation Medal.  Therefore, his DD Form 214 should be corrected to show these medals.

4.  Given that he completed his initial entry training, he is eligible for award of the Army Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this ribbon.

5.  The DA Form 1059 provided by the applicant which shows he completed the 4-week Primary Leadership Development Course in May 2006 is accepted as sufficient evidence on which to base adding the Noncommissioned Officer Professional Development Ribbon to his DD Form 214.  Therefore, item 14 of his DD Form 214 should be corrected to show completion of this course.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting the entry in item 12a of his DD Form 214 and replacing it with the entry "2001  08  16";

	b.  adding the entry "Primary Leadership Development Course, 4 Weeks, 2005" to item 14 of his DD Form 214; and

	c.  adding award of the Joint Service Commendation Medal, Joint Service Achievement Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and GWOTEM to his DD Form 214.



      _______ _  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)                                         AR20140011734



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ABCMR Record of Proceedings (cont)                                         AR20140011734



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