BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090010428
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 that she is authorized the Global War on Terrorism Service Medal.
2. The applicant states, in effect, the Global War on Terrorism Service Medal should be included on her DD Form 214.
3. The applicant provides no additional documentation.
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 7 September 1999, the applicant enlisted in the Regular Army in Brooklyn, New York, for 3 years, in the pay grade of E-4. She was awarded military occupational specialty 92Y (Unit Supply Specialist).
3. She was transferred to Korea on 1 March 2000 and she returned to the Continental United States on 28 February 2001.
4. The applicant was honorably released from active duty (REFRAD) on 6 September 2002, under the provisions of Army Regulation 635-200, chapter 4, upon completion of her period of required active service and she was transferred to the U.S. Army Reserve Group (Reinforcement) to complete her Reserve obligation.
5. The DD Form 214 the applicant was furnished at the time of her REFRAD shows she is authorized the Army Commendation Medal, the Army Achievement Medal, the National Defense Service, the Army Service Ribbon and the Overseas Service Ribbon.
6. Army Regulation 600-8-22 (Military Awards) states 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. 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.
7. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 2124 should to corrected to show she is authorized the Global War on Terrorism Service Medal.
2. The applicant's contentions have been considered and based on the applicable regulation, her contentions are correct. Her records should be corrected to show the Global War on Terrorism Service Medal based on active service from 11 September 2001 through 6 September 2002. Therefore, her
DD Form 214 should be amended to include this award.
3. The applicant is also authorized the Korea Defense Service Medal based on her service in Korea during the period 1 March 2000 through 28 February 2001. This award should also be added to her DD Form 214.
4. In view of the foregoing, it would now be in the interest of justice to correct the applicant's records 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 amending her DD Form 214 to add the Global War on Terrorism Service Medal and the Korea Defense 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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