BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130010003
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, in effect, correction of his records to show all decorations, medals, badges, citations, and campaign ribbons he is authorized.
2. The applicant states, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) is incomplete.
3. The applicant provides no supporting documentation.
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 applicant served on active duty in the Regular Army from 25 June 2002 through 14 January 2004 when he was discharged under Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.
3. The applicant's Integrated Personnel Electronic Records Management System (iPERMS) record includes orders for only the Driver and Mechanic Badge with "W" bar and an award certificate for the Army Achievement Medal.
4. His DD Form 214 lists his awards as the National Defense Service Medal, Army Service Ribbon, and the Driver and Mechanic Badge with "W" bar.
5. Army Regulation 600-8-22 (Military Awards) provides that the Global War on Terrorism Service Medal (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 applicant's award of the Army Achievement Medal was omitted from his DD Form 214. It is appropriate to correct this oversight.
2. The applicant meets the eligibility requirements for award of the Global War on Terrorism Service Medal. It is appropriate to correct the record to reflect this medal.
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
showing that, in addition to the awards shown on the DD Form 214, the applicant is also authorized the Army Achievement Medal and the 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.
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