IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130008665
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 award of the Army Good Conduct Medal (1st Award) and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states, in effect, that he meets the requirements for both awards and believes they should be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He had no legal issues during his Army service and was awarded the Army Achievement Medal during his service. The GWOTSM was issued after he was medically retired.
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 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. After serving 4 years in the U.S. Marine Corps, he enlisted in the Regular Army in the pay grade of E-4 on 27 December 2000.
3. On 20 November 2002, he was honorably retired under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2) due to Disability Temporary. He had served 1 year, 10 months, and 24 days of active service in the Regular Army.
4. The DD Form 214 issued at the time of his retirement shows that he was awarded the Army Achievement Medal, Meritorious Unit Commendation (2nd Award), Marine Corps Good Conduct Medal, National Defense Service Medal, and Army Service Ribbon.
5. On 20 November 2007, he was removed from the Temporary Disability Retired List and was permanently retired on 21 November 2007 with a
30% disability rating.
6. A review of his official records shows no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.
7. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
8. Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he qualifies for award of the Army Good Conduct Medal (1st Award) has been noted and appears to have merit. The applicants records contain no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (1st Award) for the period 27 December 2000 to 20 November 2002. Accordingly, it should be awarded at this time and added to his DD Form 214.
2. The applicant also served during a qualifying period for award of the GWOTSM and that award should be added to his DD Form 214 as well.
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:
* awarding him the Army Good Conduct Medal (1st Award) for the period
27 December 2000 to 20 November 2002
* adding the Army Good Conduct Medal (1st Award) and GWOTSM to his DD Form 214
____________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) AR20130008665
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130008665
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140000931
The applicant requests, in effect, that the awards of the Global War on Terrorism Service Medal (GWOTSM) and Iraq Campaign Medal (ICM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant served 4 months and 25 days of foreign service in Iraq/Kuwait and is entitled to have that service entered in item 12f of his DD Form 214. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2014 | 20140000931
The applicant requests, in effect, that the awards of the Global War on Terrorism Service Medal (GWOTSM) and Iraq Campaign Medal (ICM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant served 4 months and 25 days of foreign service in Iraq/Kuwait and is entitled to have that service entered in item 12f of his DD Form 214. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2013 | 20130020790
The applicant states his deployment in support of Operation Iraqi Freedom during the period 8 January to 3 July 2003 is not reflected on his DD Form 214. Accordingly, it should be awarded at this time and added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the period 5 October 2000 through 4 October 2003 * deleting the entry "0000 00 00"...
ARMY | BCMR | CY2014 | 20140006396
The applicant provides copies of his DD Form 214 and awards of the Army Achievement Medal (AAM) and Army Commendation Medal (ARCOM). The applicant also served during a qualifying period for award of the Iraq Campaign Medal with two bronze service stars, the GWOTEM, and the GWOTSM, and those awards should also be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the entry 0000 00 00...
ARMY | BCMR | CY2011 | 20110021130
He had served 3 years, 6 months, and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Commendation Medal (2nd Award), Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and his marksmanship badge. Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award. As a result, the Board recommends that...
ARMY | BCMR | CY2013 | 20130017428
The applicant's record shows he served a qualifying period of service for award of the Afghanistan Campaign Medal and he participated in one campaign. The applicant served a qualifying period of service for award of the GWOTSM; therefore, he is entitled to correction of his DD Form 214 to show this award. Permanent orders awarded the applicant the Army Achievement Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.
ARMY | BCMR | CY2010 | 20100018998
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 (GWOTSM), the Iraq Campaign Medal (ICM) with two bronze service stars, and two awards of the Army Achievement Medal (AAM). His DD Form 214 shows he served in an area of eligibility during a period of qualifying service for the GWOTSM and the ICM with two bronze service stars. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2010 | 20100020426
The evidence of record shows during the period covered by the applicants DD Form 214, he served in support of Operation Joint Guardian in Kosovo from 12 September 1999 to 4 March 2000, a period of 5 months and 23 days. Therefore, he is entitled to the Kosovo Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...
ARMY | BCMR | CY2009 | 20090011393
The applicant served in Kuwait/Iraq from 7 March 2003 to 10 October 2003; therefore, he served a qualifying period for award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal and is entitled to correction of his records to show these awards. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of qualifying...
ARMY | BCMR | CY2014 | 20140011218
c. The Korea Defense Service Medal (KDSM) 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. This evidence, coupled with the ARCOM he received from 14 November 2001 through 4 April 2002, is appropriate to correct his DD Form 214 to document his deployment to Kuwait in item 18. As a result, the Board recommends that all Department of the Army records of the individual concerned be...