IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090012046
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 to his 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, in effect, that per Executive Orders 10448 and 13289, he should have been awarded the National Defense Service Medal and the Global War on Terrorism Service Medal. He earned both awards as a U.S. Army Nurse Corps (ANC) officer (captain) during his period of active duty from 5 March 1999 to 14 May 2002. He cared for wounded Soldiers injured in support of the Global War on Terrorism. He discovered the error during in-processing for active duty into the U.S. Public Health Service.
3. In support of his application, the applicant provides copies of his officer evaluation reports (OERs) for the period 1999 through 2001, his DD Form 214, Executive Orders 10448 and 13289, and information on the National Defense Service and the Global War on Terrorism Service Medal from the Wikipedia internet site.
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 applicants military records show he was appointed in the U.S. Army Reserve (USAR), ANC, as a first lieutenant, effective 29 January 1999. He was ordered to active duty for 3 years and entered active duty on 5 March 1999. He was promoted to captain effective 1 December 2001.
3. The applicant submitted copies of his 1999 through 2001 OERs that show he served as a staff nurse at Brooke Army Medical Center, Fort Sam Houston, Texas, during each rating period.
4. The applicant was honorably released from active duty on 14 May 2002 and transferred to the USAR Control Group (Reinforcement). Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: the Army Service Lapel Button and the Army Service Ribbon.
5. 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 to 30 November 1995; and 11 September 2001 to a date to be determined.
6. Army Regulation 600-8-22 also states that the Global War on Terrorism Service Medal, established by Executive Order 13289, 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. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant met the criteria for award of the National Defense Service Medal and the Global War on Terrorism Service Medal for his period of honorable active service from 5 March 1999 to 14 May 2002. He is therefore entitled to these awards and their addition to his DD Form 214.
2. In view of the foregoing, the applicants records should be corrected 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 adding the National Defense Service Medal and the Global War on Terrorism Service Medal to his DD Form 214.
_______ _ 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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