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ARMY | BCMR | CY2009 | 20090007003
Original file (20090007003.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	17 September 2009  

		DOCKET NUMBER:  AR20090007003 


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 National Defense Service Medal (NDSM).

2.  The applicant states, in effect, that he served on active duty during the global war on terrorism (GWOT) from 11 September 2001 to March 2002 qualifying him for the NDSM.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 applicant’s 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 applicant’s 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 he enlisted in the Regular Army (RA) and entered active duty on 19 November 1996.  He was trained in, awarded, and served in military occupational specialty 95B (Military Police).

3.  On 17 March 2002, the applicant was honorably discharged from the RA and transferred to the United States Army Reserve Control Group.  The DD Form 214 issued to him at that time shows he completed a total of 5 years, 3 months, and 29 days of active military service.  

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that he earned the following awards during his tenure on active duty:  Army Achievement Medal, Army Service Ribbon, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Pistol Bar, and Driver and Mechanic Badge with Driver-T and W Bars.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-10 provides guidance for the issuance of the NDSM and states, in pertinent part, that it is awarded for honorable active service for any period between 2 August 1990 and 30 November 1995 and any period between 11 September 2001 and a date to be determined.  A service star will be worn to signify receipt of a second or subsequent award of the NDSM.

6.  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 the GWOT operations outside of the designated areas of eligibility for the Global War on Terrorism Expeditionary Medal (GWOTEM) on or after 11 September 2001 to a future date to be determined.

DISCUSSION AND CONCLUSIONS:

The applicant’s claim of entitlement to the NDSM was carefully considered and found to have merit.  By regulation, the NDSM was authorized for the period 2 August 1990 through 30 November 1995 and the period 11 September 2001 to a date to be determined.  In addition, the GWOTSM is authorized to members who have participated in the GWOT operations outside of the designated areas of eligibility for the GWOTEM on or after 11 September 2001 to a future date to be determined..  Therefore, it would be appropriate to correct the applicant’s record and DD Form 214 to show his entitlement to these awards.


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 item 13 of the applicant’s DD Form 214 by adding the National Defense Service Medal and Global War on Terrorism Service Medal; and by issuing him a correction to his DD Form 214 that reflects these awards.




      _______ _   __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)                                         AR20090007003





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ABCMR Record of Proceedings (cont)                                         AR20090007003



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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