Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090014481
Original file (20090014481.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090014481 


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 the following two changes to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
21 June 2003:

	a.  add the Global War on Terrorism Service Medal to item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized); and

	b.  correct item 18 (Remarks) to show she was ordered to active duty in support of Operation Enduring Freedom in accordance with (IAW) Title 10 U.S. Code, section 12302 (10 USC 12302).

2.  The applicant states she must provide an accurate DD Form 214 reflecting these corrections to receive a veteran's bonus from the state of Illinois.

3.  The applicant provides, in support of her application, copies of her orders to active duty, discharge orders from the U.S. Army Reserve (USAR), her DD Form 214, and Presidential Executive Order 13289.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel records show she enlisted in the USAR on 22 June 1999 for a period of 8 years.   She had completed her initial active duty for training and was awarded the military occupational specialty of 96B (Intelligence Analyst).  

3.  U.S. Army Reserve Personnel Command, St. Louis, MO, Orders 
M-02-301050, dated 14 February 2003, ordered the applicant to active duty for partial mobilization - Operation Enduring Freedom IAW 10 USC 12302.  She was to report no later than 23 February 2003 for a period of active duty not to exceed 365 days.

4.  Headquarters, United States Infantry Center Fort Benning, GA, Orders 
161-2235, dated 10 June 2003, released the applicant from active duty, not by reason of physical disability, effective 21 June 2003.  She had completed
3 months and 29 days of honorable active service.

5.  The Global War on Terrorism Service Medal is not shown in item 13 of her 
DD Form 214.  Item 18 contains the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION JOINT FORGE IAW 10 USC 12304."

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Global War on Terrorism Service Medal to Soldiers who have participated in, or served in support of, Global War on Terrorism operations outside of the designated area of operations.  Initial award of the Global War on Terrorism Service Medal will be 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.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is authorized the Global War on Terrorism Service Medal and that she was ordered to active duty in support of Operation Enduring Freedom.

2.  The applicant served on active duty for more than 30 consecutive days after 11 September 2001.  Therefore, she is authorized the Global War on Terrorism Service Medal.

3.  Orders in the applicant's official military personnel file clearly show she was ordered to active duty in support of Operation Enduring Freedom IAW 10 USC 12302.  Therefore, item 18 of her DD Form 214 should be amended to reflect the correct reason for her active duty.

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 the following two items of her DD Form 214:

   a.  item 13 - add the Global War on Terrorism Service Medal; and

      b.  item 18 - delete:  ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION JOINT FORGE IAW 10 USC 12304, and add:  ORDERED TO 

ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 
10 USC 12302.




      _______ _   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)                                         AR20090014481



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014481



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130011462

    Original file (20130011462.txt) Auto-classification: Approved

    She provides orders, dated 30 June 2003, which show she received the ARCOM for meritorious service for the period 9 February 2003 to 1 September 2003. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign...

  • ARMY | BCMR | CY2010 | 20100024219

    Original file (20100024219.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). She also requests award of a campaign medal for Operation Enduring Freedom. Her DD Form 214 shows the Global War on Terrorism Service Medal (GWOTSM) as an authorized award among other awards.

  • ARMY | BCMR | CY2007 | 20070003983C071029

    Original file (20070003983C071029.doc) Auto-classification: Approved

    The Vietnam Service Medal shown on his DD Forms 214 were awarded with two bronze service stars affixed to them to indicate he served in two campaigns of the Vietnam War. The applicant served in Vietnam during the period from 5 May 1969 through 30 March 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal, with two bronze service stars, from the DD Form 214, with an effective date...

  • ARMY | BCMR | CY2005 | 20050005554C070206

    Original file (20050005554C070206.doc) Auto-classification: Approved

    The applicant states, in effect, that these awards are not reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 April 2004. However, the applicant's DD Form 214 showed that she entered active duty on 22 July 2003. HRC Awards Branch personnel have advised that the Global War on Terrorism Service Medal has been awarded, and will continue to be awarded, to all Army personnel who serve on active duty for 30 consecutive days, or more,...

  • ARMY | BCMR | CY2011 | 20110011003

    Original file (20110011003.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the ending period 2 August 2003 to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and any other medals he may have earned. DISCUSSION AND CONCLUSIONS: The applicant's DD Form 214 shows he served in Jordan in support of OEF during the period 4 April 2003 through 2...

  • ARMY | BCMR | CY2012 | 20120003672

    Original file (20120003672.txt) Auto-classification: Approved

    With respect to the applicant's request for award the GWOTEM, a review of his military service records confirm he was awarded the GWOTEM. _______ 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) AR20120003672 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...

  • ARMY | BCMR | CY2010 | 20100021553

    Original file (20100021553.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * foreign service in Afghanistan * Global War on Terrorism Service Medal * Army Reserve Components Achievement Medal * Ohio Award of Merit * National Guard Recruiter Achievement Ribbon * years and months served in his military occupational specialty (MOS) 2. b. item 12f – from official records, enter the total amount of foreign service completed during the period covered in...

  • ARMY | BCMR | CY2009 | 20090019715

    Original file (20090019715.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 2 September 2008 to show two awards of the National Defense Service Medal, two awards of the Global War on Terrorism Service Medal, and two awards of the Armed Forces Reserve Medal with "M" device. The applicant contends that his DD Form 214 for the period ending on 2...

  • ARMY | BCMR | CY2004 | 20040010713C070208

    Original file (20040010713C070208.doc) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 to show awards of the Southwest Asia Service Medal, the Iraq Freedom Medal (correctly known as the Iraq Campaign Medal), and any other awards or decorations he is entitled. Evidence of record shows that the applicant deployed to the Persian Gulf and served in Iraq for the period 13 April 2003 through 2 July 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...

  • ARMY | BCMR | CY2010 | 20100026997

    Original file (20100026997.txt) Auto-classification: Approved

    The applicant requests that the dates of entry and separation on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she served 3 years and 11 of months on active duty. Since there are certain benefits which are provided to Soldiers mobilized under Title 10, U.S. Code, Section 12302, when a new DD Form 214 is published to incorporate the applicant's entire period of active duty, this portion of the service should be identified in Item 18 (Remarks). ...