IN THE CASE OF:	 

		BOARD DATE:	  8 October 

		DOCKET NUMBER:  AR20150002363 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* West Virginia State Service Ribbon
* West Virginia Emergency Ribbon
* Army Commendation Medal
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Overseas Service Commemorative Medal
* Honorable Service Commemorative Medal
* Guard/Reserve Commemorative Medal
* Guard/Reserve Mobilization Commemorative Medal
* U.S. Armed Forces Retired Service Commemorative Medal

2.  The applicant states he is deserving of these service awards and they should be added to one collective document, his DD Form 214.  He is a 26-year retired veteran and he takes pride in his service.  He received these medals and would like them to be updated to reflect accuracy.  He is requesting a review of his military service records with due diligence.  These decorations include the aforementioned awards.

3.  The applicant provides copies of the following:

* State of West Virginia West Virginia State Service Ribbon (Basic) and West Virginia Emergency Ribbon (Basic) orders
* Orders Number M-056-0049
* Permanent Orders (PO) Number 097-003
* North Atlantic Treaty Organization (NATO) Travel Order
* DA Form 638 (Recommendation For Award)
* Army Commendation Medal Certificate
* Award of Global War on Terrorism Expeditionary Medal memorandum
* certificate of appreciation
* DD Form 214
* Orders Number 06-100-00017
* Retired Reserve Certificate

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 the cases 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.

2.  The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 13 February 1980.  He held military occupational specialties 62E (heavy equipment construction operator) and 62F (crane operator).  

3.  He provided copies of the following:

* State of West Virginia orders, dated 9 February 1996, awarding him the West Virginia State Service Ribbon (Basic) for meritorious service while supporting the West Virginia Army National Guard (WVARNG) during the "Flood of 96" for the period 20 through 26 January 1996
* State of West Virginia orders, dated 9 February 1996, awarding him the West Virginia Emergency Ribbon (Basic) for honorable service while assisting the WVARNG during the "Flood of 96" for the period 20 through 26 January 1996

4.  He also provided a copy of Orders Number M-056-0049, dated 25 February 2003, ordering him to active duty in support of Operation Enduring Freedom (OEF) for 365 days.
5.  He entered active duty on 6 March 2003.  

6.  He further provided copies of the following:

   a.  PO Number 097-003, dated 7 April 2003, assigning him to the U.S. Central Command effective 13 June 2003.

   b.  NATO Travel Orders, dated 7 April 2003.

   c.  A DA Form 638, dated 26 January 2004, recommending him for award of the Army Commendation Medal for outstanding achievement in the completion of construction and host nation training operations while deployed to Djibouti, Africa, in support of Combined Joint Task Force – Horn of Africa, for the period from 17 June 2003 through 31 January 2004.  The award was approved by PO Number 065-039 on 5 March 2004.

   d.  An Army Commendation Medal Certificate, dated 7 March 2004, awarding him the award for meritorious achievement during construction operations in support of OEF.  The certificate shows the award was issued by the Coalition Forces Land Component Command, Camp Doha, Kuwait, by PO      Number 065-039 on 5 March 2004.

   e.  An Award of Global War on Terrorism Expeditionary Medal memorandum, dated 24 March 2004, awarding him the Global War on Terrorism Expeditionary Medal for his deployment and service in Djibouti, Africa, from 17 June 2003 through 23 February 2004.

   f.  A certificate of appreciation issued in recognition for his patriotism and continued support to the Army family while fighting the Global War on Terrorism.

7.  He was honorably released from active duty on 22 March 2004 and was transferred to a Reserve unit.  He was credited with completing 1 year and 17 days of active service.  His DD Form 214 lists in:

* Item 12f (Foreign Service) – 8 months and 7 days
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the:

* Army Achievement Medal (5th Award)
* Armed Reserve Components Achievement Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* 
Army Reserve Components Overseas Training Ribbon (2nd Award)
* Driver and Mechanic Badge with Driver-W Bar

* Item 18 (Remarks) - Service in Djibouti and Adailou 20030617-20040223

9.  He also provided copies of the following:

* Orders Number 06-100-00017, dated 10 April 2006, assigning him to the Retired Reserve effective 10 April 2006
* Retired Reserve Certificate, dated 10 April 2006

10.  Army Regulation 635-8 (Personnel Separations – Separation Processing and Documents) provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents.  The regulation states item 13 will list all federally recognized awards and decorations for all periods of service.  Foreign and State level awards are not listed on the DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The regulation does not provide for "commemorative" awards.  The regulation states the Global War on Terrorism Service Medal is authorized for award to 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

12.  Commemorative medals made by private vendors are unauthorized on the military uniform.  Veterans may wear commemorative medals on public holidays; however, they are not authorized for wear on an active duty uniform.  The medal may be worn only on civilian attire and only after all other authorized awards.  

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Commendation Medal for meritorious achievement in support of OEF.  He was awarded the Global War on Terrorism Expeditionary Medal on 24 March 2004 for his deployment and service in Djibouti, Africa.  He completed a qualifying period of service for award of the Global War on Terrorism Service Medal.  His record should be corrected to show these awards.

2.  With regard to correction of his DD Form 214 to show the West Virginia State Service Ribbon (Basic) and West Virginia Emergency Ribbon, the evidence shows he received these awards from the State of West Virginia for service supporting the WVARNG during the "Flood of 96."  In accordance with the governing regulation, State level awards are not listed on the DD Form 214.

3.  With regard to correction of his DD Form 214 to show the requested commemorative medals, he is requesting specifically-named awards which are commemorative medals created by a private company and are not official military awards or decorations.  Commemorative awards are not official military awards and as such it is not appropriate to include them on a DD Form 214.

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 the:

* Army Commendation Medal
* Global War on Terrorism Expeditionary 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 adding to his DD Form 214 the:

* West Virginia State Service Ribbon
* West Virginia Emergency Ribbon
* Overseas Service Commemorative Medal
* Honorable Service Commemorative Medal
* Guard/Reserve Commemorative Medal
* 
Guard/Reserve Mobilization Commemorative Medal
* U.S. Armed Forces Retired Service Commemorative 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)                                         AR20150002363





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ABCMR Record of Proceedings (cont)                                         AR20150002363



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