BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100025437
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) for the ending period 31 May 2003 to show
Combat Infantryman Badge, the Global War on Terrorism Expeditionary Medal (GWOTEM), and the Global War on Terrorism Service Medal (GWOTSM).
2. He states that the above awards were omitted from his DD Form 214 when he retired.
3. He provides:
* a DD Form 214
* a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* two memoranda from the U.S. Army Human Resources Command (HRC)
* a Standard Form 180 (Request Pertaining to Military Records)
* two memoranda from the 75th Ranger Regiment
* Combat Infantryman Badge Orders
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 11 February 1982 and successfully completed basic combat and advanced individual training. He was awarded military occupational specialty 11B (Infantryman).
3. On 31 May 2003, he retired after completing 21 years, 3 months, and 20 days of creditable active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 May
2003 does not show award of the Combat Infantryman Badge, the GWOTEM, or the GWOTSM. Item 18 (Remarks) shows the entry "SERVICE IN AFGHANISTAN 20020605-20020710."
5. Orders 189-014, dated 26 April 2005, issued by the U.S. Infantry Center, Fort Benning, GA, shows he was awarded the Combat Infantryman Badge for the period 5 June 2002 through 10 July 2002.
6. A DD Form 215, dated 27 June 2008, was issued to him that corrected
item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 by adding the Afghanistan Campaign Medal.
7. A DD Form 215, dated 6 March 2009, was issued to him that corrected
item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 by deleting the Afghanistan Campaign Medal and adding the Afghanistan Campaign Medal with one bronze service star.
8. He provides two memoranda, dated 24 September 2010 from the 75th Ranger Regiment, Fort Benning, GA that indicate he was authorized to wear the GWOTEM and the GWOTSM for his participation in Operations Enduring Freedom and Operation Iraqi Freedom for the period 5 June 2002 through
10 July 2002.
9. On 3 April 2011, the applicant confirmed by phone conversation with the Board analyst that he elected to keep the Afghanistan Campaign Medal with one bronze service star instead of his request for the GWOTEM. Therefore, his request for the GWOTEM will no longer be discussed.
10. Army Regulation 600-8-22 (Military Awards) states service members qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal. Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service. No service member will be entitled to both medals for the same act, achievement, or period of service.
11. Army Regulation 600-8-22 states the 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:
Evidence of record shows the applicant was awarded the Combat Infantryman Badge for his service in Afghanistan. He met the eligibility criteria for award of the GWOTSM. Therefore, his DD Form 214 should be amended to add these awards.
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 Combat Infantryman Badge 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) AR20100025437
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ABCMR Record of Proceedings (cont) AR20100025437
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