IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100018922
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 show his current mailing address. He also requests that the Global War on Terrorism Service Medal and the National Defense Service Medal (Second Award) be added on his DD Form 214.
2. The applicant states that the mailing address shown on his DD Form 214 is wrong and he now has a new address. He states the Global War on Terrorism Service Medal and the National Defense Service Medal (Second Award) are not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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. The applicant enlisted in the Regular Army on 7 July 1992. He completed training as a medical specialist.
3. On 2 February 2002, the applicant was honorably discharged. The DD Form 214 he received shows the following:
* Army Achievement Medal (Third Award)
* Good Conduct Medal (Second Award)
* National Defense Service Medal
* Army Lapel Button
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Field Medical Badge
* Driver and Mechanic Badge with Driver-W Bar
4. Item 19.a (Mailing Address After Separation) on his DD Form 214 shows a Queenland, AS, address.
5. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. A second or third award of the National Defense Service Medal is authorized for Soldiers who served in one or more of the four time periods listed
6. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined. 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 Global War on Terrorism Service Medal.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states that information contained in item 19.a will be provided by the Soldier. This address must be a permanent address. Civilian penal institutions will not be accepted.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. However, at the time his DD Form 214 was prepared, he provided the mailing address shown on his DD Form 214. His DD Form 214 provides a clear-cut record of active duty service at the time of his discharge. The fact that he obtained a new address after his discharge from the Army is not a basis for changing the mailing address shown on his DD Form 214. Therefore, this portion of his request should be denied.
3. The applicant is authorized the Global War on Terrorism Service Medal and the National Defense Service Medal with one bronze service star. His DD Form 214 should be corrected to show these awards.
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 amending his DD Form 214 to show he was awarded the Global War on Terrorism Service Medal and the National Defense Service Medal with one bronze service star.
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 amending his DD Form 214 to show his current mailing address.
__________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) AR20100018922
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