IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021383 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 November 2000 to show award of the Global War on Terrorism Service Medal.

2.  She states the executive order authorizing this service medal was issued after her active duty service was completed, but before her discharge.  She just recently reviewed her DD Form 214 and this award is not shown.  Her DD Form 214 shows active duty service of 100 days during the necessary time frame for the Global War on Terrorism Service Medal.

3.  She provides:

* 2000 DD Form 214
* 2003 Army Achievement Medal 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 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's military records show she enlisted in the U.S. Army Reserve (USAR) in pay grade E-3 on 3 January 2000.  She was ordered to and entered active duty for training on 22 May 2000.  She completed training and was awarded military occupational specialty (MOS) 91M (Hospital Food Service Specialist).

3.  She was honorably released from active duty to the control of her USAR troop program unit on 21 November 2000.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 lists the Army Service Ribbon.

5.  She provided a certificate which shows Permanent Orders Number 145-257 were issued by the 452d Combat Support Hospital on 25 May 2003 awarding her the Army Achievement Medal for meritorious achievement while mobilized for Operation Enduring Freedom from 24 February 2003 to 3 June 2003.

6.  Orders D-01-800465 were issued by the U.S. Army Human Resources Command on 8 January 2008 honorably discharging her from the USAR with an effective date of 8 January 2008.

7.  The U.S. Army Human Resources Command Integrated Web Services Soldier Management System (SMS) Major Personnel Actions Section shows the applicant was mobilized with her USAR unit on 26 February 2003.  The Historical Mobilization Campaign Information Section shows she participated in Operation Enduring Freedom in February 2003.

8.  Her available military records and SMS data are void of a DD Form 214 for her mobilization in 2003.

9.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal, established by Executive Order 13289, is authorized for award to members of the Armed Forces of the United States who participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on 3 January 2000.  She entered active duty for training on 21 November 2000, completed training, and was awarded an MOS.  She was released from active duty to the control of her USAR troop program unit on 21 November 2000.

2.  The evidence of record shows she again entered active duty on 3 February 2003 in support of Operation Enduring Freedom.  She was released from active duty on 1 June 2003.  She requests award of the Global War or Terrorism Service Medal for this period of service and its addition to her DD Form 214.  However, there is no evidence she was issued a DD Form 214 for this period of service.

3.  She provided an Army Achievement Medal Certificate for meritorious service while mobilized for Operation Enduring Freedom from 24 February 2003 to 3 June 2003.  Therefore, she completed a period of qualifying service for award of the Global War on Terrorism Service Medal.

4.  The evidence of record does not shows she completed a qualifying period of service for award of the Global War on Terrorism Service Medal during her period of active duty service from 22 May to 21 November 2000.  Therefore, she is not entitled to the addition of this award to her DD Form 214 for the period ending 21 November 2000.

5.  As a matter of equity in this case, she should be issued an appropriate document to show her period of active duty service from 3 February 2003 to 1 June 2003 and entitlement to the Global War on Terrorism Service Medal.

6.  In view of the foregoing, her records should be corrected as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant an appropriate document showing her period of active duty service in support of Operation Enduring Freedom from 3 February 2003 to 1 June 2003 and entitlement to award of the Global War on Terrorism Service Medal.

2.  The Board further determined 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 addition of the Global War on Terrorism Service Medal to her DD Form 214 for the period ending 21 November 2000.



      ____________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)                                         AR20100021383



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ABCMR Record of Proceedings (cont)                                         AR20100021383



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