IN THE CASE OF:
BOARD DATE: 3 September 2008
DOCKET NUMBER: AR20080008946
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) for the period ending 30 September 2003 to show award of the Global War on Terrorism Service Medal (GWOTSM) and the Meritorious Service Medal.
2. The applicant states that both medals were issued after he was out of the Army.
3. The applicant provides a copy of his DD Form 214 for the period ending
30 September 2003; orders for the Meritorious Service Medal; and an excerpt on the GWOTSM.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior inactive and active service, the applicant entered active duty from the U. S. Army Reserve on 15 August 1983. He served as a light wheel vehicle mechanic and remained on active duty through continuous reenlistments until he retired on 30 September 2003 in the rank of sergeant first class.
3. The applicants DD Form 214 for the period ending 30 September 2003 does not show the GWOTSM or the Meritorious Service Medal as authorized awards.
4. Headquarters and Headquarters Company, 94th Regional Support Command Permanent Order Number 275-10, dated 1 October 2004, shows the applicant received the Meritorious Service Medal for the period 1 October 1993 to
1 October 2003.
5. Army Regulation 600-8-22 (Military Awards) states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a period of qualifying service for the GWOTSM.
2. Orders show the applicant received the Meritorious Service Medal after his retirement. Therefore, his DD Form 214 for the period ending 30 September 2003 should be corrected to show this medal.
BOARD VOTE:
___xx___ ___xx___ __xx____ 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 adding the GWOTSM and Meritorious Service Medal to his DD Form 214 for the period ending 30 September 2003.
_______xxxx___________
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) AR20080008946
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ABCMR Record of Proceedings (cont) AR20080008946
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