BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110018766
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:
* Global War on Terrorism Service Medal (GWOTSM)
* National Defense Service Medal (NDSM)
* Army Commendation Medal (ARCOM)
2. The applicant states the medals were authorized based on his time in service from May 1988 to May 2002 and after his time in service concluded in 2004.
3. The applicant provides:
* DD Form 214
* Department of Defense News Release Number 128-04 (Criteria for Global War on Terrorism Medals), dated 26 February 2004
* DA Form 638 (Recommendation for Award)
* self-authored statements
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's DD Form 214 shows the following:
a. Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) shows Captain/0-3.
b. Item 12a (Date Entered Active Duty this Period) shows 16 May 1998.
c. Item 12b (Separation Date this Period) shows 15 May 2002.
d. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does show award of the GWOTSM, NDSM, or ARCOM.
e. Items 24 (Character of Service) and 28 (Narrative Reason for Separation) show the applicant was honorably release from active duty for completion of required service.
3. The applicant's interactive Personnel Electronic Records Management System (iPERMS) records contain a DA Form 4980-14 (ARCOM Certificate) awarded for the period 9 February 2001 to 7 March 2001. The certificate shows the ARCOM was announced on Permanent Order Number 065-45, Fort Riley, KS, dated 5 March 2001.
4. 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 (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.
5. Army Regulation 600-8-22 states 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
6. Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided 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 applicant's request for correction of his DD Form 214 to show award of the GWOTSM, NDSM, and ARCOM were carefully considered and determined to have merit.
2. Evidence shows he completed a qualifying period of service for award of the GWOTSM and NDSM; therefore, he is entitled to correction of his DD Form 214 to show these awards.
3. Permanent orders awarded the applicant the ARCOM. Therefore, he is entitled to correction of his DD Form 214 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 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:
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Commendation 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) AR20110018766
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ABCMR Record of Proceedings (cont) AR20110018766
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