IN THE CASE OF:
BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090011932
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, that the Global War on Terrorism Service Medal (GWOTSM) and National Defense Service Medal (NDSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that the GWOTSM and NDSM were not added to his
DD Form 214 upon his retirement.
3. The applicant provides his DD Form 214 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. On 31 May 2005, the applicant was retired under the provisions of chapter 12, Army Regulation 635-200 (Enlisted Administrative Separations). The DD Form 214 he was issued at the time confirms he completed a total of 21 years, 8 months, and 16 days of active military service and held the rank of sergeant first class (SFC) on the date of his retirement.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's 31 May 2005 DD Form 214 shows he earned the following awards during his tenure on active duty: Driver and Mechanic's Badge, Meritorious Service Medal (2nd Award), Army Commendation Medal (6th Award), Army Achievement Medal (5th Award), Army Good Conduct Medal (7th Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, and Overseas Service Ribbon
(5th Award).
4. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-10 of the awards regulation prescribes the policy for award of the NDSM. It states, in pertinent part, that the NDSM is authorized for any period of active duty service performed during the period between 2 August 1990 and 30 November 1995 and during the period from 11 September 2001 to a date to be determined. It further stipulates that a service star will be worn to signify receipt of a second or subsequent award of the NDSM.
5. Paragraph 2-19 of the awards regulation contains guidance on award of the GWOTSM. It states in pertinent part that the GWOSM is authorized for award to members of the Armed Forces of the United States who have participated in the GWOT operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001, to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the GWOTSM and NDSM should be added to the list of awards contained on his DD Form 214 was carefully considered and found to have merit. The evidence of record confirms the applicant was serving on active duty during two separate qualifying periods for the NDSM, which were between 2 August 1990 and 30 November 1995 and after 11 September 2001, and that he completed a qualifying period of active duty service after
11 September 2001, which qualifies him for the GWOTSM. Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.
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 his 31 May 2005 DD Form 214 by adding the Global War Terrorism Service Medal and National Defense Service Medal with one bronze service star (2nd Award) to the list of awards contained in item 13 of his DD Form 214 and by providing him a correction to his DD Form 214 that includes these changes.
_______ _ 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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