IN THE CASE OF:
BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120018509
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) for the period ending 23 September 2003 to show award of the National Defense Service Medal and upgrade of his discharge.
2. The applicant states the National Defense Service Medal was not included on his DD Form 214 at the time of his discharge.
3. The applicant provides 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 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 request for upgrade of his discharge falls within the purview of the Army Discharge Review Board (ADRB). As such, the ADRB will review this portion of his request and this issue will not be addressed any further in this Record of Proceedings.
3. On 10 July 2001, he enlisted in the Regular Army. He completed basic combat and advanced individual training and was awarded military occupational specialty 55B (Ammunition Specialist).
4. On 23 September 2003, he was discharged. He completed 2 years, 2 months, and 14 days of active service that was characterized as under honorable conditions (general). His DD Form 214 shows he was awarded the Army Service Ribbon.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The National Defense Service Medal is awarded for honorable active service for any period from 11 September 2001 to a date to be determined.
b. 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 for the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, or the Afghanistan Campaign Medal on or after 11 September 2001. All Soldiers on active duty on or after 11 September 2001 having served 30 consecutive or 60 nonconsecutive days are authorized award of the Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:
Based on his service, the applicant is authorized award of the National Defense Service Medal and the Global War on Terrorism Service Medal. Therefore, these awards should be added to his DD Form 214.
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 for the period ending 23 September 2003 to add award of the:
* National Defense Service Medal
* Global War on Terrorism Service Medal
_______ _ __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) AR20120018509
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ABCMR Record of Proceedings (cont) AR20120018509
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