IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120008633
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 Service Medal.
2. The applicant states he was called to active duty for Operation Enduring Freedom and he also served on airport duty for Operation Noble Eagle.
3. The applicant provides:
* DD Form 214
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* memorandum for record, dated 2 May 2005
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 Florida Army National Guard (FLARNG) on 12 March 1997. He entered active duty for training from 30 May 1997 to 1 August 1997 and completed required training for military occupational specialty 31U (Signal Support Systems Specialist).
3. He was ordered to active duty on 15 March 2003 in support of Operations Enduring Freedom and Noble Eagle. He was honorably released from active duty on 21 May 2003 to the control of the FLARNG.
4. His DD Form 214 shows he completed 2 months and 7 days of creditable active service during this period. Additionally, his DD Form 214 shows he was awarded or authorized the National Defense Service Medal (2nd Award), Armed Forces Service Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. He provides a memorandum for record issued by the Commander, 1st Battalion, 265th Air Defense Artillery (Avenger), FLARNG, dated 2 February 2005, authorizing several Soldiers, including the applicant, award of the Global War on Terrorism Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal 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 designated areas of eligibility on or after 11 September 2001 to a future date to be determined. Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive or for 60 nonconsecutive days, or meet one of the following criteria: (1) initial award of the Global War on Terrorism Service Medal is limited to airport security operations from 27 September 2001 through 31 May 2002 and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom, or (2) 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 or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served on active duty from 15 March to 21 May 2003. Therefore, he served a qualifying period for award of the Global War on Terrorism Service and 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 the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by adding to the Global War on Terrorism Service Medal his DD Form 214 for the period ending 21 May 2003.
_______ _ 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) AR20120008633
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