IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100008428
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 award of the Global War on Terrorism Service Medal (GWOTSM), that he be given a certificate for the GWOTSM, that this service medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty), and that he be issued a new DD Form 214 with the updated information.
2. The applicant states, in effect, that information from a Retirement Services Officer indicates he is entitled to the GWOTSM.
3. The applicant provides electronic mail from a Retirement Services Officer.
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 records show he enlisted in the Regular Army on 7 January 1987 with 5 years and 1 day of prior active duty and served as an administrative specialist. He was honorably retired on 31 December 2001 for sufficient service. He was placed on the Retired List the following day in pay grade E-7.
3. Award of the GWOTSM is authorized to Soldiers who participated in or served in support of Global War on Terrorism operations outside of the designated area of operations. Initial award of the GWOTSM 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. A Soldier must have served 30 consecutive or 60 nonconsecutive days. U.S. Army Human Resources Command Awards Branch personnel have advised that the GWOTSM has been awarded and will continue to be awarded to all Army personnel who serve on active duty for 30 consecutive days or more, regardless of where they serve (the same criteria as the National Defense Service Medal).
4. Army Regulation 635-5 (Separation Documents), then in effect, stated that a DD Form 214 may be reissued only when:
a. directed by proper appellate authority, Executive Order, or by the Secretary of the Army;
b. it is determined that the corrections to be made will not fit within the correction block of a single DD Form 215 (Correction to DD Form 214);
c. two DD Forms 215 have been issued and an additional correction is required; or
d. the character of service is to be changed.
5. Army Regulation 635-5, then in effect, directed that when a DD Form 214 is administratively issued or reissued, the entry "DD Form 214 administratively issued/reissued on (date)" is to be made on all copies unless the appellate authority, Executive Order, or the Secretary of the Army directive specifies otherwise.
DISCUSSION AND CONCLUSIONS:
1. The applicant served more than 30 consecutive days of active duty after 27 September 2001. As such, he is entitled to have the GWOTSM added to his DD Form 214.
2. As with all service medals, they are authorized based upon service performed; they are not announced in orders and no certificate is issued. Therefore, there is no basis for granting the applicant's request for a GWOTSM certificate.
3. The addition of the GWOTSM does not meet the regulatory criteria for issuing a new DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 31 December 2001 to add the GWOTSM.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing him a GWOTSM certificate and a new 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) AR20100008428
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ABCMR Record of Proceedings (cont) AR20100008428
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