IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140019893 


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) by adding the following awards:

* Global War on Terrorism Service Medal
* National Defense Service Medal
* foreign service ribbon (taken to mean the Overseas Service Ribbon)

2.  The applicant states he would like his record to reflect all awards and ribbons earned during his term of service.  Like any other Veteran, he just wishes his contributions to be recognized. 

3.  The applicant provides two copies of his DD Form 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 enlisted in the Regular Army on 5 June 2000.  After completing initial training, he was awarded military occupational specialty 13M (Multiple Launch Rocket System (MLRS) Crewmember).  At the time of his discharge he held the rank/grade of private first class/E-3.

3.  He was honorably discharged on 13 April 2002.  His DD Form 214 shows he completed 1 year, 10 months, and 9 days of net active service this period.  He was awarded or authorized the Army Service Ribbon.  The narrative reason for separation is shown as unsatisfactory performance.

4.  His official military personnel file (OMPF) contains an Enlisted Record Brief (ERB) (Active Army Enlisted), dated 24 July 2001, that shows

	a.  he was assigned to the 1st Battalion, 27th Field Artillery Regiment (MLRS), located in Germany, from on or about 19 December 2000 until his 
separation;

	b.  in Section E (Awards and Decorations) no entries indicating authorized awards; and

	c.  in Section J (Personal/Family Data) the applicant's marital status as single
with no command-sponsored dependants.

5.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for military awards.  It states:

	a.  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 AOE 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. 

	b.  The Overseas 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 Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours (emphasis added).  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	c.  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 614-30 ) (Overseas Service), in effect at the time, prescribed overseas tour lengths.  It stated:

	a.  Enlisted members who have no dependents or are unaccompanied by dependents and are serving an initial 4, 5, or 6 year enlistment must serve 24
months.

	b.  Enlisted members who have no dependents or are unaccompanied by dependents and who are serving an initial 3-year enlistment must serve 18 months.  lnitial enlistment means enlisted soldiers on their first active duty enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show all authorized service awards.  Available records show he has qualifying service for award of the National Defense Service Medal and the Global War on Terrorism Service Medal.  Therefore his DD Form 214 should be amended to show these awards.

2.  He also requests award of the Overseas Service Ribbon.  To be eligible to receive this award, the recipient must have successfully completed his/her overseas tour.  His DD Form 214 shows he was discharged for unsatisfactory performance and only completed 1 year, 3 months, and 25 days of his overseas tour which was considerably less than the prescribed minimum tour length.

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 correcting his DD Form 214 for the period ending 13 April 2002 by adding the following awards:

* National Defense Service Medal
* Global War on Terrorism Service Medal

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 the award of the Overseas Service Ribbon.



      __________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)                                         AR20140019893





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ABCMR Record of Proceedings (cont)                                         AR20140019893



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