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ARMY | BCMR | CY2010 | 20100009423
Original file (20100009423.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100009423 


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 of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards:

* Global War on Terrorism Service Medal (GWOTSM)
* National Defense Service Medal (NDSM)
* Quartermaster Regimental Affiliation
* Army Commendation Medal (ARCOM) (2nd Award)
* Army Achievement Medal (AAM) (4th Award)

2.  The applicant states, in effect, she served in the military after 11 September 2001 and she is entitled to the GWOTSM and the NDSM.  She further states her records erroneously show 5 AAMs and 1 ARCOM in lieu of 4 AAMs and
2 ARCOMs.

3.  The applicant provided a copy of her DD Form 214, Quartermaster Certificate of Affiliation, and copies of her awards.

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 record shows that she enlisted in the Regular Army on 19 June 1996.  She served a period of temporary duty in Saudi Arabia from
1 September 1997 to 1 February 1998.  She also served in Germany during the period 19 May 2002 until her discharge on 20 January 2003 by reason of parenthood.  She was discharged in the rank/grade of sergeant (SGT)/E-5, having completed 6 years, 7 months, and 2 days of active service.

3.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Army Commendation Medal, Army Achievement Medal 5th Award, Armed Forces Expeditionary Medal, Army Service Ribbon, and Driver and Mechanic Badge with Driver-W Bar.

4.  The applicant's military record reflects the following ARCOM's:

* Permanent Orders 224-02, dated 12 August 1999
* Permanent Orders 089-01, dated 29 March 2002

5.  The applicant's military record reflects the following AAM's:

* Permanent Orders Number 349-160, dated 16 December 1997
* Permanent Orders 200-01, dated 19 July 1999
* Permanent Orders Number 237-3, dated 25 August 1999
* Permanent Orders Number 272-4, dated 29 September 1999

6.  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 Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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 GWOTSM.


7.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service between 11 September 2001 and a date to be determined.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It does not list Regimental Affiliations as an item recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  The applicant completed a qualifying period of service for award of the GWOTSM and the NDSM.  Therefore, she is entitled to correction of her DD Form 214 to show the GWOTSM and the NDSM.

3.  Orders show the applicant was awarded 2 ARCOMs and 4 AAMs.  Her
DD Form 214 incorrectly shows 1 ARCOM and 5 AAMs.  Therefore, she is entitled to correction of her records to accurately reflect 2 ARCOMs and 4 AAMs.

4.  Regimental Affiliations are not listed on the DD Form 214.  Therefore, there is no basis to grant the request to place this information on her 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 that the evidence presented was 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 deleting from item 13 of her DD Form 214 the:

   a.  ARCOM and AAM 5th Award and

   b.  adding the GWOTSM, NDSM, ARCOM (2nd Award), and the AAM (4th Award).

2.  The Board further determined that 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 adding the Quartermaster Regimental Affiliation to her 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)                                         AR20100009423



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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