BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003672
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 Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states, in effect, the above awards were omitted from his
DD Form 214.
3. The applicant provides:
* his DD Form 214
* Orders M-031-0029, dated 31 January 2003, issued by the 81st Regional Support Command
* a memorandum from the Coalition Forces Land Component Command,
30th Corps Support Group, dated 12 June 2003
* three certificates of appreciation
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 respect to the applicant's request for award the GWOTEM, a review of his military service records confirm he was awarded the GWOTEM. A DD Form 215 (Correction to DD Form 214), dated 1 March 2012, shows the GWOTEM was added to his DD Form 214. The applicant will be provided a copy of the
DD Form 215 for his record. As a result, this issue will not be discussed further in these Proceedings.
3. The applicant enlisted in the U.S. Army Reserve on 27 August 1991. He successfully completed training and was awarded military occupational specialty 92R (Parachute Rigger).
4. On 2 February 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom.
5. On 15 July 2003, the applicant was honorably released from active duty.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the GWOTSM. Item 18 shows the entry "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION ENDURING FREEDOM IAW 10 USC 12302//BLOCK 25: ORDERS NUMBER M031-0029, 20080131//SERVICE IN KUWAIT 030406 TO 030619."
7. 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 area designated for award of the GWTEM, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty 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.
DISCUSSION AND CONCLUSIONS:
The applicants DD Form 214 confirms he was ordered to active duty and served in support of Operation Enduring Freedom for the period 2 February through
15 July 2003. Therefore, he is entitled to award of the GWOTSM. His DD Form 214 should be amended to show the GWOTSM.
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 amending item 13 of his DD Form 214 to add 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) AR20120003672
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