IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100019302
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 reflect his award of the National Defense Service Medal (NDSM) and any other awards to which he may be entitled.
2. The applicant states that he served in a time of war and his award of the NDSM should be reflected on his DD Form 214. He further states he is being denied benefits because all of his awards are not reflected.
3. The applicant provides no additional documents with his application.
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 22 November 2000 for a period of 4 years under the airborne/infantry training option, assignment to the 82d Airborne Division, and a cash enlistment bonus of $7,000.00. He completed all of his training at Fort Benning, GA and he was transferred to Fort Bragg, NC for assignment to the 325th Airborne Infantry Regiment.
3. He served until 12 April 2002 when he was discharged prior to the expiration of his term of service. He served 1 year, 4 months, and 21 days of total active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
4. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) 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.
5. Army Regulation 600-8-22 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 (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.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant served during a period in which he was authorized the award of the NDSM. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicant served during a qualifying period for entitlement to the Global War on Terrorism Service Medal. Therefore, his DD Form 214 should be corrected to show this service medal.
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 item 13 of his DD Form 214 the National Defense Service Medal and the Global War on Terrorism Service 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) AR20100019302
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ABCMR Record of Proceedings (cont) AR20100019302
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