IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080020057
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 that the GWOTSM was approved and authorized for wear after she left active duty and her DD Form 214 (Certificate of Release or Discharge from Active Duty) was already prepared.
3. The applicant provides a copy of her DD Form 214 and a copy of Human Resources Command Message (Date Time Group 17 March 2004) in support of this 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 she entered active duty on 30 May 1992.
On 1 November 2001, the applicant was honorably discharged by reason of miscellaneous/general reasons. The DD Form 214 she was issued at the time confirms she completed a total of 9 years, 5 months, and 2 days of active military service.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows the applicant earned the following awards: Meritorious Service Medal (2nd Award); Army Commendation Medal (2nd Award); Army Achievement Medal; National Defense Service Medal, Army Service Ribbon, Army Aviator Badge; Parachutist Badge; and Air Assault Badge.
4. 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to show award of the Global War on Terrorism Service Medal was carefully considered and found to have merit.
2. Evidence shows the applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal. Therefore, the applicant is entitled to have her records corrected to show this award.
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 adding to item 13 of the applicant's DD Form 214 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.
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