BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110009760
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 period ending 31 March 2004 to show the Legion of Merit (LOM) and the Global War on Terrorism Service Medal (GWTOSM).
2. He states the award of the LOM was approved on 13 January 2004, but it was not entered on his DD Form 214. The GWOTSM should also be added to his
DD Form 214 in accordance with Army Regulation 600-8-22 (Military Awards) and message from Headquarters, Human Resources Command (HRC), subject: Global War on Terrorism Expeditionary Medal and GWOTSM Implementing Instructions, dated 17 March 2004. He reviewed his DD Form 214 in January 2004 before he had officially been awarded the LOM and the GWOTSM was not fully implemented at the time of his retirement.
3. He provides:
* a DA Form 638 (Recommendation for Award) for the LOM
* an LOM Certificate
* Headquarters, HRC message for implementing the GWOTSM, dated
17 March 2004
* his letter to the National Personnel Records Center (NPRC) and NPRC's response
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. With prior enlisted service, the applicant was appointed as a U.S. Army Reserve (USAR) warrant officer one (WO1) on 2 July 1982. He was ordered to active duty in an Active Guard Reserve status on 10 July 1994.
3. He provided a copy of a DA Form 638, dated 3 December 2003, that shows he was recommended for a retirement award of the LOM for the period 1 April 1994 to 31 March 2004 for exceptionally meritorious service throughout his
34-year career. The recommendation was approved by Permanent Order Number 013-007 issued by the U.S. Army Reserve Command, Fort McPherson, GA, dated 13 January 2004.
4. He also provided the associated LOM certificate, dated 13 January 2004. The certificate shows the award was issued by Permanent Order Number 013-007.
5. He also provided a copy of the Headquarters, HRC message, dated 17 March 2004, which stated that in March 2004, Senior Army leadership made the determination that all active duty Soldiers serving on active duty since
11 September 2001 had served in some way in support of the Global War on Terrorism. Therefore, Soldiers serving on active duty at that time were all authorized the GWOTSM. After March 2004, the award approval authority must determine that a Soldier serving on active duty after the release of the message had qualified for the GWOTSM.
6. He was retired as a chief warrant officer four (CW4) on 31 March 2004 by reason of sufficient service for retirement and he was transferred to the Retired Reserve.
7. Item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) of this DD Form 214 does not list the LOM or the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the LOM on 13 January 2004 for exceptionally meritorious service throughout a distinguished 34-year career. Therefore, he is entitled to correction to his DD Form 214 for the period ending 31 March 2004 to show this award.
2. The evidence of record confirms he served a qualifying period of service for entitlement to the GWOTSM. Therefore, this DD Form 214 should be corrected to show this award.
BOARD VOTE:
___x_____ ___x_____ _____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 for the period ending 31 March 2004 the:
* Legion of Merit
* 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) AR20110009760
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ABCMR Record of Proceedings (cont) AR20110009760
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