IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100010159
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 to be issued the Global War on Terrorism Service Medal.
2. The applicant states he served on active duty from 14 May 1998 to 13 May 2002 and in the Pennsylvania Army National Guard (PAARNG) until 13 May 2005. He should be entitled to award of the Global War on Terrorism Service Medal.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. Having had prior service in the U.S. Marine Corps, the applicant's records show he enlisted in the Regular Army for a period of 4 years on 14 May 1998 and held military occupational specialty 31F (Mobile Subscriber Equipment Network Switching Systems Operator/Maintainer).
3. He was honorably released from active duty on 13 May 2002 and subsequently enlisted in the PAARNG.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Lapel Button, Army Achievement Medal (2nd Award), Good Conduct Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge.
5. On 30 September 2004, by letter, he was notified to exhaust his administrative remedies with regard to award of the Global War on Terrorism Service Medal by submitting an application to the Commander, U.S. Army Human Resources Command. However, there is no indication he did so.
6. On 13 May 2005, he was honorably released from the ARNG by reason of completion of his Reserve obligation.
7. On 10 June 2005, he was issued a DD Form 215 (Correction to DD Form 214) adding the National Defense Service Medal.
8. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (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 designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served on active duty from 14 May 1998 to 13 May 2002. Therefore, he served a qualifying period for award of the Global War on Terrorism Service and is entitled to the issuance of this award and correction of his records to show it.
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 his DD Form 214 the Global War on Terrorism Service Medal and issuing him the 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) AR20100010159
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ABCMR Record of Proceedings (cont) AR20100010159
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