BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100007340
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 Global War on Terrorism Expeditionary Medal (GWOTEM) be added to her record and DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states she deployed in support of Operation Enduring Freedom (OEF) but was discharged prior to being awarded the GWOTEM.
3. The applicant provides deployment orders and her DD Form 214 in support of her application.
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 record shows she enlisted in the Regular Army and entered active duty on 17 September 1992. It also shows she was trained in and awarded military occupational specialty (MOS) 91D (Operating Room Specialist).
3. The record shows the applicant was deployed in support of OEF and served in Jordan from 2 March 2003 through 4 July 2003.
4. On 25 January 2004, the applicant was honorably discharged, in the rank of staff sergeant/E-6, by reason of physical disability with severance pay. The DD Form 214 she was issued at the time shows she completed 11 years, 4 months and 9 days of active duty service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not include the GWOTEM.
5. Army Regulation 600-8-22 (Military Awards) provides the Armys awards policy. Paragraph 2-18 provides guidance on the GWOTEM. It states it is authorized for 30 consecutive or 60 nonconsecutive days of service in the Global War on Terror (GWOT) in a designated area of eligibility (AOE) during the period from 11 September 2001 to a date to be determined. Jordon is a designated AOE.
6. Paragraph 2-19 of the awards regulation contains guidance on the Global War on Terrorism Service Medal (GWOTSM). It states it is authorized to members for 30 consecutive or 60 nonconsecutive days of service in support of GWOT operations outside of a designated AOE for the GWOTEM during the period from 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the GWOTEM should be added to her record and DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms the applicant served a qualifying period in Jordon, a designated AOE for the GWOTEM. Therefore, it would be appropriate to add this award to her record and DD Form 214 at this time.
2. The record further shows the applicant served a qualifying period for the GWOTSM outside of a designated AOE. Therefore, it would also be appropriate to add this award to her record and DD Form 214.
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 Global War on Terrorism Expeditionary Medal and Global War on Terrorism Service Medal to her record and 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) AR20100007340
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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