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ARMY | BCMR | CY2013 | 20130010546
Original file (20130010546.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130010546 


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 that the National Defense Service Medal (NDSM) be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that she served during a qualifying period for award of the NDSM.

3.  The applicant provides a copy of her 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 22 August 1997, the applicant enlisted in the Regular Army for a period of 4 years and assignment to Europe.  She completed her training as a signal support systems specialist and was transferred to Germany. 

3.  She completed her 2 year tour in Germany and was transferred to Fort Hood, Texas where she reenlisted on 21 June 2001 for a period of 2 years.

4.  On 30 November 2003, she was honorably released from active duty (REFRAD) due to completion of required active service.  She had completed
6 years, 3 months, and 9 days of active service and the DD Form 214 issued at the time of REFRAD shows she was awarded the Army Achievement Medal, Army Good Conduct Medal, Noncommissioned Officer’s Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, and her marksmanship badges.

5.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

6.  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 have 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 days or 60 nonconsecutive days are authorized the GWOTSM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that she served during a qualifying period for award of the NDSM has been noted and found to have merit.  Accordingly, that award should be added to her DD Form 214.

2.  Additionally, she served during a qualifying period for award of the GWOTSM and that award should be added to her DD Form 214 as well.





BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 adding the NDSM and GWOTSM to her DD Form 214.

2.  The Board wants the applicant and all others to know the sacrifices she made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of her service in arms.



      _______ _   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)                                         AR20130010546



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ABCMR Record of Proceedings (cont)                                         AR20130010546



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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