BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130007232
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 all of his authorized awards.
2. He states, in effect, he is authorized medals that were not yet available when he was discharged.
3. He 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. On 17 April 1984, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman) and he served in this specialty for his entire career.
3. On 23 August 1993, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, KY, issued Permanent Orders 235-00007 awarding him the Air Assault Badge.
4. His DA Form 2-1 (Personnel Qualification Record) shows he served in Kosovo from 10 May to 1 November 2001.
5. On 30 April 2004, he retired in the rank/grade of sergeant first class/E-7 after completing 20 years and 14 days of active service. His DD Form 214 shows he was awarded or authorized the:
* Army Achievement Medal (10th Award)
* Meritorious Service Medal (4th Award)
* Army Commendation Medal (5th Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Kosovo Campaign Medal (KCM)
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* North Atlantic Treaty Organization Medal
* Army Service Ribbon
* Expert Infantryman Badge
* Master Parachutist Badge
* Military Free Fall Parachutist Badge
* Pathfinder Badge
* Ranger Tab
* Bronze German Armed Forces Parachutist Badge
6. Army Regulation 600-8-22 (Military Awards) states one bronze service star will be worn on the suspension and service ribbon of the KCM for participation in each campaign (Kosovo Air Campaign and Kosovo Defense Campaign). The Kosovo Defense Campaign began on 11 June 1999.
7. Army Regulation 600-8-22 states the Global War on Terrorism Service Medal (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 or 60 nonconsecutive days, are authorized award of the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Air Assault Badge, but the badge was not listed on his DD Form 214. He is entitled to correction of his DD Form 214 to show this badge.
2. He was awarded the KCM and his records indicate he served in Kosovo for approximately 6 months during the Kosovo Defense Campaign. Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear with the previously-awarded KCM.
3. Based on his active duty service after 11 September 2001, he is entitled to correction of his DD Form 214 to show award of the GWOTSM.
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 award of the KCM and
b. adding the following awards:
* KCM with one bronze service star
* GWOTSM
* Air Assault Badge
____________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.
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