IN THE CASE OF:	 

		BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110014169 


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 award of the following:

* National Defense Service Medal (NDSM)
* Global War on Terrorism Medal
* Army Service Ribbon

2.  The applicant states he was on active duty after 11 September 2001.

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 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 requested that the Army Service Ribbon be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the Army Service Ribbon.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 13 May 1998.  He completed training and was awarded military occupational specialty 92Y (Unit Supply Specialist).  The highest rank/grade he attained while on active duty was specialist/E-4.  He was honorably separated on 12 November 2001.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows the following:

   a. Item 5 (Oversea Service) shows he served in Germany during the period 13 October 1998 through 12 May 2001.

   b. Item 9 (Awards, Decorations and Campaigns) shows he was awarded the following:

* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal

5.  The applicant's DD Form 214 shows in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the following:

* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver Badge with Bar

6.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain any deployment entries.  Coordination with the Defense Finance and Accounting Service (DFAS) shows the applicant's Master Military Pay Account does not contain any payments for hazardous duty/ imminent danger pay or combat zone tax exclusion during the period 1998 through 2001.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the 


Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The 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.

	b.  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.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

	c.  The Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his DD Form 214 corrected to show award of the NDSM and Global War on Terrorism Medal [sic] was carefully considered and determined to have merit.

2.  Evidence shows he completed a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to have his record corrected to show this service medal.



3.  There are two "Global War on Terrorism" medals; the Expeditionary Medal (GWOTEM), and the Service Medal (GWOTSM).  The applicant did not specify which Global War on Terrorism medal he seeks; however, his record shows entitlement to the GWOTSM, not the GWOTEM.  The GWOTSM should be added to his DD Form 214.

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 the following to item 13 of his DD Form 214:

* NDSM
* GWOTSM




      _______ _   _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)                                         AR20110014169



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ABCMR Record of Proceedings (cont)                                         AR20110014169



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