IN THE CASE OF: BOARD DATE: 21 April 2011 DOCKET NUMBER: AR20100025653 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 the Armed Forces Service Medal and the Global War on Terrorism Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 September 2003. 2. The applicant states he was on active duty after 11 September 2001. He states he deployed in support of Operations Joint Guard and Joint Forge with the 1st Infantry Division and received the North Atlantic Treaty Organization (NATO) Medal and Kosovo Campaign Medal. 3. The applicant provides: * DD Form 214 with an effective date of 1 July 1976 * DD Form 214 with a separation date of 30 September 2003 * DD Form 215 (Correction to DD Form 214), dated 28 March 2005 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 enlisted in the Regular Army on 26 September 1973 served continuously until his retirement on 30 September 2003. 3. Three DA Forms 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) in his official military personnel file (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) show he was assigned to Headquarters and Headquarters Company, 121st Signal Battalion, 1st Infantry Division, from June 1997 through January 2001. 4. His NCOER for the period June 1999 through January 2000 lists "deployment to Kosovo" as part of his duties. 5. His Enlisted Record Brief, dated 22 May 2003, shows he deployed to Yugoslavia from 15 July 1999 to 5 December 1999. 6. On 30 September 2003, he was retired and placed on the Retired List the following day. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the: * Legion of Merit * Meritorious Service Medal (3rd Award) * Army Commendation Medal (4th Award) * Army Achievement Medal * Army Superior Unit Award * Army Good Conduct Medal (10th Award) * National Defense Service Medal (3rd Award) * Kosovo Campaign Medal * NCO's Professional Development Ribbon with Numeral 4 * Army Service Ribbon * Overseas Service Ribbon (5th Award) * Expert Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Pistol Bar * NATO Medal 7. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992, meet the following criteria: a. participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action and b. participation must be for 30 consecutive days in the area of eligibility (or for the full period when an operation is less than 30 days in duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility. 8. Army Regulation 600-8-22 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, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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. DISCUSSION AND CONCLUSIONS: 1. There is no evidence in his OMPF in iPERMS that shows he deployed or the unit he deployed with in support of Operations Joint Guard and Joint Forge. He would not have received the Armed Forces Service Medal for the same period he was authorized the Kosovo Campaign Medal. Therefore, there is insufficient basis to authorize the Armed Forces Service Medal in this case. 2. He served on active duty after 11 September 2001. Therefore, he is authorized the Global War on Terrorism Service Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 the Global War on Terrorism Service Medal to item 13 of his DD Form 214 with a separation date of 30 September 2003. 2. The Board further determined 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 Armed Forces 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) AR20100025653 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100025653 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1