BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110019922
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 the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states the applicable regulation provides that the GWOTSM is awarded for 30 consecutive or 60 nonconsecutive days of active service and he served 75 consecutive days.
3. The applicant provides no additional evidence.
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 enlisted in the Regular Army in pay grade E-4 on 1 May 2003 for a period of 3 years and training as a petroleum supply specialist. He was sent to Fort Benning, Georgia, to undergo basic training.
3. On 15 July 2003, he was discharged due to his failure to meet medical procurement standards under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-11. He completed 2 months and 15 days of active service and he received no awards.
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 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.
5. A Frequently Asked Questions reference source from the U.S. Army Human Resources Command Military Awards Branch contains examples to show Soldiers' eligibility for awards.
Question: Are Reserve or Active Component Soldiers on active duty primarily for training authorized to be awarded the GWOTSM? What about Soldiers on active duty for training orders?
Answer: Negative. Soldiers serving on active duty primarily for training in initial entry training or basic training, advanced individual training, annual training, officer training courses, warrant officer training courses, and/or any training not in direct support of the Global War on Terrorism operations are not authorized award of the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the GWOTSM has been noted and appears to lack merit.
2. The GWOTSM is awarded for service in direct support of Global War on Terrorism operations and training is not considered to meet the requirements for that support.
3. Accordingly, he is not entitled to award of the GWOTSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ ___x_____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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.
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