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ARMY | BCMR | CY2010 | 20100017541
Original file (20100017541.txt) Auto-classification: Approved

		
		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017541 


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 that she be awarded the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states that she should be awarded the GWOTSM because she served on active duty with the signal unit that supported the "proving" of the Stryker vehicle for war use and she made two rotations to the National Training Center and the Joint Reserve Training Center.

3.  The applicant provides a copy of her 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 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 enlisted in the Regular Army in Houston, Texas, on 19 August 1997 for a period of 4 years, training as a power generation equipment repairer, and a cash enlistment bonus.

3.  She completed training and on 8 December 2000 while serving at Fort Hood, Texas, in pay grade E-4 she reenlisted for a period of 3 years, assignment to Fort Lewis, Washington, and a selective reenlistment bonus.  On 1 January 2001, she was promoted to pay grade E-5.

4.  She continued to serve until 7 December 2003 when she was honorably released from active duty due to the expiration of her term of service.  She completed 6 years, 3 months, and 19 days of total active service.  Her DD Form 214 issued at the time of her separation shows she was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal (4th Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Army Good Conduct Medal, the Overseas Service Ribbon, the Driver and Mechanic Badge with Mechanic Bar, and the Bronze German Army Marksmanship Badge.

5.  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 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:

1.  The applicant's contention that she should be awarded the GWOTSM has been noted and found to have merit.  She served on active duty from 1997 to 2003 and meets the eligibility criteria for that award.

2.  Accordingly, she is entitled to be awarded the GWOTSM at this time and to have it added to her records.



BOARD VOTE:

__x____  ____x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the GWOTSM to her DD Form 214.

2.  The Board wants the applicant and all others to know that the sacrifices she made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of her service in arms.



      __________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)                                         AR20100017541



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ABCMR Record of Proceedings (cont)                                         AR20100017541



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