IN THE CASE OF:
BOARD DATE: 18 September 2012
DOCKET NUMBER: AR20120004902
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the award of the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states, in effect, he was not issued a GWOTSM and he feels he meets the criteria to receive the medal in accordance with the provisions of Army Regulation 600-8-22 (Military Awards).
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 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 enlisted in the Regular Army on 28 February 1996.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 18 September 1997 through 18 September 1998.
4. A review of his Army Military Human Resources Record (AMHRR) contains:
a. Permanent Orders Number 191-06, issued by the 728th Military Police Battalion, Korea, dated 10 July 1998, which awarded him the Driver and Mechanic Badge (Driver-W); and
b. Permanent Orders Number 069-00012, issued by the U.S. Army Intelligence Center and Fort Huachuca, Fort Huachuca, AZ, dated 10 March 2003, which awarded him the Good Conduct Medal (2nd Award) for the period 28 February 1999 to 27 February 2002.
5. On 20 December 2003, he was released from active duty. His DD Form 214 shows:
* Army Commendation Medal
* Army Achievement Medal
* Army Superior Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button
* Overseas Service Ribbon
6. 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 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.
7. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.)
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the GWOTSM.
2. The evidence of record shows:
a. His DD Form 214 shows he served on active duty for more than 30 consecutive days after 11 September 2001 which meets the criteria for award of the GWOTSM;
b. He served a qualifying period for award of the Korea Defense Service Medal; and
c. Permanent orders awarded him the Army Good Conduct Medal (2nd Award) and the Driver and Mechanic Badge (Driver-W).
3. His DD Form 214 should be corrected to show these awards.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DD Form 214 as follows:
a. deleting the Army Good Conduct Medal and
b. adding the:
* GWOTSM
* Korea Defense Service Medal
* Army Good Conduct Medal (2nd Award)
* Driver and Mechanic Badge (Driver-W)
_______ _ ___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) AR20120004902
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ABCMR Record of Proceedings (cont) AR20120004902
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