IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100017545
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Army Achievement Medal (AAM) (2nd Award) and Global War on Terrorism Service Medal (GWOTSM).
2. He states he was awarded a second AAM on 5 June 2002 and he also earned the GWOTSM per Executive Order 13299, dated 12 March 2003.
3. He provided:
* A copy of a DA Form 638 (Recommendation for Award), dated 4 June 2002
* A copy of Permanent Orders (PO) Number 156 -1, dated 5 June 2002 (AAM Certificate)
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. A review of his military personnel record shows he was awarded his first AAM on 1 August 1997, per PO Number 212-2.
3. He provided a copy of PO Number 156-1 that shows he was awarded his second AAM on 5 June 2002.
4. On 20 June 2002, he was honorably discharged after serving 8 years,
1 month, and 2 days of active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Lapel Button, Army Commendation Medal (2nd Award), AAM, Army Good Conduct Medal (2nd) Award), National Defense Service Medal (2nd Award), Humanitarian Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and the Driver and Mechanic Badge with Driver - W Bar.
5. Human Resources Command Message, dated 17 March 2004, disseminated implementing instructions for award of the GWOTSM. This award is designated for Soldiers who have participated in or served in support of GWOT operations outside of the designated areas of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined. 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 this award.
DISCUSSION AND CONCLUSIONS:
1. The available evidence confirms he was awarded two AAMs. Therefore, he is entitled to have these awards properly reflected on his DD Form 214.
2. The evidence shows he was serving on active duty on 11 September 2001 and continued to serve through 20 June 2002. Therefore, he is entitled to award of the GWOTSM and to have this award added to his 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 amending item 13 of his DD Form 214 for the period ending 20 June 2002 as follows:
a. deleting the AAM, and
b. adding the AAM (2nd Award) and GWOTSM.
_______ _ __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) AR20100017545
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