IN THE CASE OF:
BOARD DATE: 10 September 2009
DOCKET NUMBER: AR20090007038
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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the National Defense Service Medal and the Global War on Terrorism Service Medal.
2. The applicant states that she served during a period that qualified for these awards.
3. The applicant provides, in support of her application, copies of her DD Form 214, a Certificate of Appreciation, and an information sheet about the authorization of the National Defense Service Medal.
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. On 11 May 2000, the applicant enlisted in the Regular Army. She completed her initial training and was awarded military occupational specialty (MOS) 95B (Military Police).
3. On 13 October 2000, the applicant was assigned to the Military Police Center, Fort Bliss, Texas.
4. On 2 April 2002, the applicant was discharged due to physical disability and awarded severance pay. She had attained the rank of specialist, pay grade E-4, and had completed 1 year, 10 months, and 22 days of creditable active duty service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists her awards as the Army Achievement Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle and Small Bore Rifle Bars. It does not show the National Defense Service Medal or the Global War on Terrorism Service Medal.
6. Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
7. Army Regulation 600-8-22 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. 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:
a. 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
b. 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 contends that her DD Form 214 should be corrected to show award of the National Defense Service Medal and the Global War on Terrorism Service Medal.
2. Records show that the applicant served on active duty during a qualifying period for award of the National Defense Service Medal and the Global War on Terrorism Service Medal. Therefore, her DD form 214 should be corrected to show 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 showing, in addition to the awards already shown on her DD Form 214, that her awards include the National Defense Service Medal and 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) AR20090007038
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