BOARD DATE: March 9, 2010
DOCKET NUMBER: AR20090016812
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all medals due to him from the current war.
2. The applicant states that he read information online about awards for active duty personnel due to the war.
3. The applicant did not provide any additional documentary evidence in support of his request.
4. On 5 February 2010, a member of the Agency contacted the applicant by email to inquire about the specific award he is requesting and/or the war he supported; however, to date, the applicant has not responded.
5. On 23 February 2010, the case analyst of record contacted the applicant to inquire about the specific award he is requesting. The applicant was unsure and indicated that he wanted to withdraw his application. However, to date, he has failed to submit his request in writing.
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 is a retired Regular Army (RA) sergeant first class (SFC) who initially enlisted in the RA on 12 September 1983. He held military occupational specialty 92G (Food Service Specialist) and served through multiple extensions and/or reenlistments. He was honorably retired on 31 May 2004 and was placed on the retired list in his retired rank/grade of SFC/E-7 on 1 June 2004.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Meritorious Service Medal, the Army Commendation Medal (5th Award), the Army Achievement Medal (9th Award), the Good Conduct Medal (6th Award), the National Defense Service Medal (2nd award), the Noncommissioned Officer's Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon (3rd award), the Parachutist Badge, the Air Assault Badge, the Drill Sergeant Identification Badge, and the U.S. Army Gold Recruiter Badge with 2 sapphire achievement stars.
4. There is no indication in the applicant's records that he served in Iraq, Afghanistan, or any other area designated as an imminent danger pay/hostile fire pay (IDP/HFP) area.
5. An email, dated 5 February 2010 from the Defense Finance and Accounting Service indicates that he had not served in an IDP/HFP area from 2000 through 2004.
6. A review of the applicant's records indicates his entitlement to an additional award which is not shown on his DD Form 214.
7. 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, having served 30 consecutive days or 60 nonconsecutive days, are authorized the Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served a qualifying period for award of the Global War on Terrorism Service Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.
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 to item 13 of his DD Form 214 the Global War on Terrorism 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.
ABCMR Record of Proceedings (cont) AR20090016812
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ABCMR Record of Proceedings (cont) AR20090016812
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