BOARD DATE: 1 July 2010
DOCKET NUMBER: AR20090021750
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 the Army Commendation Medal (ARCOM), the Global War on Terrorism Service Medal (GWOTSM), and the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states these awards are not reflected on his DD Form 214.
3. The applicant provides copies of page 1 of his DA Form 2-1 (Personnel Qualification Record Part II), a DA Form 638 (Recommendation for Award) for the ARCOM and resulting certificate, his Certificate of Wartime Service, two certificates of appreciation, his DD Form 214, and his driver license.
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 records show he enlisted in the U.S. Army Reserve in pay grade E-1 on 2 May 2002. He completed training and was awarded military occupational specialty 88H, Cargo Specialist.
3. The applicant was ordered to and entered on active duty on 27 January 2003 in support of Operation Enduring Freedom. He was promoted to specialist, pay grade E-4, on 1 September 2003.
4. The applicant submits a copy of a DA Form 638, dated 29 November 2003, for award of the ARCOM for meritorious achievement while serving as a crane operator during Operations Enduring and Iraqi Freedom, from 15 March 2003 to 30 November 2003. The award was approved on 25 January 2004. He also submits the resulting certificate for this award.
5. The applicant also submits a copy of a Certificate of War Time Service, dated 7 December 2003, for meritorious achievement while serving with the 32nd Transportation Group, 143rd Transportation Command during Operation Iraqi Freedom. He further submits copies of two certificates he received for outstanding support to the 832nd Transportation Battalion.
6. Item 8 (Awards, Decorations, and Campaigns) of the applicants DA Form 2-1 lists the GWOTSM and GWOTEM.
7. The applicant was honorably released from active duty, in pay grade E-4, on 4 January 2004, at the completion of his required active service, and he was transferred to a Reserve unit.
8. Entries on the applicant's DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list the following awards: the National Defense Service Medal, the Armed Forces Reserve Medal and Mobilization, the Army Service Ribbon, and the Overseas Service Ribbon.
9. Item 18 (Remarks) of his DD Form 214 shows he served in Turkey/Kuwait from
3 March 2003 to 12 December 2003.
10. Army Regulation 600-8-22 (Military Awards) states the GWOTSM 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.
11. The regulation also specifies that service members are qualified for award of the GWOTEM who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was awarded the ARCOM for meritorious achievement during Operations Enduring and Iraqi Freedom from 15 March 2003 to 30 November 2003. Therefore, he is entitled to have this award shown on his DD Form 214.
2. The evidence also confirms the applicant participated in the GWOT operations and was awarded the GWOTSM and the GWOTEM. Therefore, his DD Form 214 should be corrected to show these awards.
3. 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 Army Commendation Medal, the Global War on Terrorism Service
Medal, and the Global War on Terrorism Expeditionary Medal to Item 13 of his DD Form 214 and providing him a corrected 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.
ABCMR Record of Proceedings (cont) AR20090021750
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