IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110015256
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 26 October 2003 to show award of the Global War on Terrorism Service Medal (GWOTSM).
2. He states the GWOTSM was not issued to him.
3. He provides his DD Form 214 for the period ending 26 October 2003.
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. After completion of prior enlisted service in the Army National Guard (ARNG), he was appointed as a Reserve warrant officer on 19 November 1991 in the ARNG.
3. He was ordered to active duty on 15 March 2003 in support of Operation Noble Eagle and was released from active duty on 26 October 2003.
4. His DD Form 214 for the period ending 26 October 2003 doesnt show award of the GWOTSM. Item 18 (Remarks) of this discharge document shows the entry If approved by Congress, Soldier is eligible for Global War on Terrorism Service Medal.
5. Army Regulation 600-8-22 (Military Awards) 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 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was ordered to active duty in support of Operation Noble Eagle from 15 March 2003 through 26 October 2003. Therefore, he is eligible for award of the GWOTSM and correction of his DD Form 214 for the period ending 26 October 2003 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 and State Army National Guard records of the individual concerned be corrected by amending his DD Form 214 for the period ending 26 October 2003 to show award of the 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) AR20110015256
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ABCMR Record of Proceedings (cont) AR20110015256
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