IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004980
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 and the Global War on Terrorism Expeditionary Medal.
2. The applicant states during Operation Iraqi Freedom he was affected by the Stop Loss Program and deployed with the 57th Medical Company from Fort Bragg, NC. After the Stop Loss Program was lifted, he was sent back to Fort Bragg to out-process before his unit redeployed.
3. The applicant provides two orders.
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 records show he enlisted in the Regular Army on 6 April 1999 and he held military occupational specialty 92Y (Unit Supply Specialist). He served in Iraq from 12 April to 3 July 2003 while assigned to the 57th Medical Company, 56th Medical Battalion.
3. He was honorably released from active duty on 31 October 2003 and transferred to the U.S. Army Reserve. He completed 4 years, 6 months, and 25 days of creditable active service.
4. The DD Form 214 he was issued shows the:
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
5. Item 18 (Remarks) of his DD Form 214 contains the entry "SERVICE IN OPERATION IRAQI FREEDOM (IRAQ) FROM 20030412 - 20030703."
6. Army Regulation 600-8-22 (Military Awards) states the:
a. Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.
b. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility, or meet other, specified criteria. Initial award was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in a number of designated specific geographic areas of eligibility, including Kuwait.
7. A review of the U.S. Army Human Resources Command website shows the 57th Medical Company, 56th Medical Battalion, was cited for award of the Meritorious Unit Commendation for the period 12 April through 31 December 2003 by Department of the Army General Orders (GO) Number 8, dated 2009.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served during a qualifying period for award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. GO's awarded his unit the Meritorious Unit Commendation during a period he was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit 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 to his DD Form 214 the:
* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Meritorious Unit Commendation
_______ _ __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) AR20120004980
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ABCMR Record of Proceedings (cont) AR20120004980
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