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 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'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.
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