IN THE CASE OF:
BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090005270
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 award of the Global War on Terrorism Service Medal.
2. In support of her application, the applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 military records show she enlisted in the Regular Army in pay grade E-1 on 27 September 1993. She completed training and was awarded military occupational specialties 75H, Personnel Administrative Sergeant, and 71L, Administrative Specialist.
3. The applicant served continuously on active duty through several reenlistments until she was honorably discharged from active duty in pay grade E-6 on 8 December 2002. She was credited with 9 years, 2 months, and 12 days of net active service. She was also credited with 1 year, 11 months, and 12 days of foreign service.
4. The applicant was issued a DD Form 214 that shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the following awards: the Meritorious Service Medal, the Army Commendation Medal (2nd Award), the Army Achievement Medal, the Army Good Conduct Medal (2nd Award), the National Defense Service Medal (2nd Award), the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, and the Overseas Service Ribbon (2nd Award). The Global War on Terrorism Service Medal is not listed.
5. Army Regulation 600-8-22 (Military Awards) states that 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 areas of eligibility, on or after 11 September 2001 to a future date to be determined. 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 Global War on Terrorism Service Medal 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 Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant as a Soldier on active duty met the criteria for award of the Global War on Terrorism Service Medal. She is therefore entitled to award of the Global War on Terrorism Service Medal and to have this award added to her DD Form 214.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
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 awarding the applicant the Global War on Terrorism Service Medal and providing her a corrected separation document that includes this award.
_______ _ _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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