IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080018167
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, that his record be corrected to show award of the Global War on Terrorism Service Medal.
2. The applicant states, in effect, in a conclusion in a self-authored letter addressed to the Board, that the process of getting resolution for documentation to state that he is eligible for award of the Global War on Terrorism Service Medal has everyone stymied. If he is eligible he would like to be provided the documentation or to be told what he has to do to finalize his request.
3. In support of his request, the applicant provides a self-authored addendum to his DD Form 149 (Application for Correction of Military Record), dated 26 October 2008; a copy of a letter he received from the National Personnel Records Center, dated 20 October 2008; and a copy of Order Number 040293 prepared by the 99th Regional Support Command, Coraopolis, Pennsylvania, dated 17 March 2003;.
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 evidence show the applicant was ordered to active duty for training (ADT) for a period of 60 days on 18 March 2003 in support of Operation Enduring Freedom as a U.S. Army Reserve Command Mobilization Liaison, in compliance with Order Number 040293. He was released from active duty on 17 May 2003.
3. 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.
a. Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.
b. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:
(1) initial award of the GWOTSM is limited to airport security operations
(from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations NOBLE EAGLE, ENDURING FREEDOM, and IRAQI FREEDOM, or
(2) 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 GWOTSM.
4. Army Regulation 635-5 prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). This regulation specifies that the DD Form 214 is a summary of a soldier's most recent period of continuous active duty and it provides a brief, clear-cut record of active duty service at the time of their release from active duty,
retirement, or discharge. This regulation further specifies that a DD Form 214 will be prepared for each Reserve component (RC) Soldier completing 90 days or more of continuous ADT.
DISCUSSION AND CONCLUSIONS:
1. The applicant was ordered to ADT in support of Operation Enduring Freedom and met the criteria for award of the Global War on Terrorism Service Medal.
2. The applicant's period of ADT was for less than 90 days. Due to regulatory prohibitions, the applicant was not issued a DD Form 214 on his release from ADT; therefore, his entitlement to this award was not made a matter of record.
3. Based on the evidence in this case, the applicant is entitled to be issued an appropriate document to show that he is authorized the Global War on Terrorism Service Medal.
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 issuing an appropriate document to show that the applicant is entitled to award of the Global War on Terrorism 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) AR20080018167
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ABCMR Record of Proceedings (cont) AR20080018167
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