BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090009768
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). He also requests the issuance of replacement medals for all his awards and decorations.
2. The applicant states that he served in the 3rd Infantry Division from September 1989 to April 1992 and he believes he is entitled to the GWOTSM.
3. The applicant provides a Standard Form 180 (Request Pertaining to Military Records) 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 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 enlisted in the Regular Army on 12 September 1989 and trained as an infantryman. His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to 2nd Battalion, 15th Infantry of the 3rd Infantry Division in Germany from January 1990 to November 1991. On 15 April 1992, the applicant was honorably discharged by reason of physical disability with severance pay.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the GWOTSM as an authorized award.
4. Army Regulation 600-8-22 (Military Awards) states that the GWOTSM 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not serve a period of qualifying service for award of the GWOTSM.
2. The ABCMR does not issue medals. The applicant may receive the awards shown on his DD Form 214 by submitting a request via a letter or Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100. Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request. The SF 180 can be found at http://www.archives.gov.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20090009768
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