IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080011132
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, award of the Global War on Terrorism Service Medal (GWOTSM)
2. The applicant states, in effect, that based on his completion of active duty in support of Operation Noble Eagle, he should have been awarded the GWOTSM.
3. The applicant provides his separation document (DD Form 214) in support of his application.
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. The applicant's records shows that on 26 October 2001, while serving in the Army National Guard (ARNG), he was ordered to active duty in support of Operation Noble Eagle.
3. On 24 June 2002, the applicant was honorably released from active duty by reason of completion of required active service. The DD Form 214 he was issued at the time confirms he completed a total of 7 months and 29 days of active military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards: Army Reserve Components Achievement Medal (2nd Award); National Defense Service Medal (2nd Award); Armed Forces Reserve Medal with "M" (Mobilization) Device; and Army Service Ribbon.
4. Item 18 (Remarks) of the applicant's DD Form 214 shows he was ordered to active duty in support of Operation Noble Eagle in accordance with Title 10 of the United States Code, Section 12302 (10 USC 12302) in response to the World Trade Center and Pentagon Attacks.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-19 of the awards regulation contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM). It states, in pertinent part, that it is authorized to members who have participated in Global War on Terrorism (GWOT) operations outside of designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty, including Reserve Component Soldiers (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 GWOTSM.
DISCUSSION AND CONCLUSIONS:
The applicant's contention the he is entitled to the GWOTSM based on his active duty service in support of Operation Noble Eagle was carefully considered and found to have merit. The evidence of record confirms the applicant served on active duty in support of Operation Noble Eagle outside of a designated AOE for 30 consecutive days after 11 September 2001. Therefore, he is entitled to the GWOTSM and it would be appropriate to add it to his record and separation document at this time.
BOARD VOTE:
___x____ ___x____ ___x____ 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 amending his 24 June 2002 DD Form 214 by adding award of the Global War on Terrorism Service Medal to Item 13; and by providing him a correction to his separation document that includes this change.
________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) AR20080011132
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080011132
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090013297
BOARD DATE: 5 January 2010 DOCKET NUMBER: AR20090013297 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Global War on Terrorism Service and Expeditionary Medals. 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 the Global War on Terrorism operations outside of the designated AOE,...
ARMY | BCMR | CY2008 | 20080016474
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal. It is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism (GWOT) operations on or after 11 September 2001 to a date to be determined. Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal (GWOTSM)...
ARMY | BCMR | CY2008 | 20080002114
IN THE CASE OF: BOARD DATE: 22 May 2008 DOCKET NUMBER: AR20080002114 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. It is awarded to members of the Reserve Components of the Army, (Army National Guard and U.S. Army Reserve), for successful completion of annual training (AT) or active duty for training (ADT) for a period not less than 10 consecutive duty days on foreign soil. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090017203
The applicant requests the Global War on Terrorism Service Medal (GWOTSM) and Meritorious Service Medal (MSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant provides an MSM Certificate, DD Forms 214 for the periods ending 30 June 2007 and 2 April 2009, and active duty orders in support of this application. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item...
ARMY | BCMR | CY2008 | 20080012213
The applicant requests that he be awarded the Iraq Campaign Medal (ICM) and that it be added to his DD Form 214 dated 9 January 2004. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation IRAQI FREEDOM (OIF). The applicant served in Kuwait and Iraq during the period of 15 May 2003 to 6 December 2003 in support of Operation Enduring Freedom and thus is entitled to award of the ICM with two bronze...
ARMY | BCMR | CY2008 | 20080005361
Application for correction of military records (with supporting documents provided, if any). The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater. 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 one of the following criteria: (1) be engaged in actual combat against the enemy and under...
ARMY | BCMR | CY2013 | 20130012955
On 2 October 2002, he was released from active duty by reason of completion of required active service and returned to his MDARNG unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with a separation date of 2 October 2002 to include the Global War on Terrorism Service Medal. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2009 | 20090004334
IN THE CASE OF: BOARD DATE: 23 JULY 2009 DOCKET NUMBER: AR20090004334 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 29 January 2004 to show award of the Global War on Terrorism Service Medal (GWOTSM).
ARMY | BCMR | CY2008 | 20080017594
Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. Therefore, he is entitled to award of the GWOTSM and to have it added to his DD Form 214. As a result, the Board...
ARMY | BCMR | CY2008 | 20080018086
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Service Medal (GWOTSM). DISCUSSION AND CONCLUSIONS: The applicants records show he completed a period of service that qualifies him for award of the GWOTSM which is not shown on his records; therefore, he is entitled to correction of his records to show this award. XXX _______ _ _______ ___ CHAIRPERSON I certify that herein is recorded...