IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012165
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 award of the Army Commendation Medal (ARCOM) and Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states his DD Form 214 does not show the awards because he was unaware of the awards until after he separated from active duty.
3. The applicant provides a copy of a DA Form 638 (Recommendation for Award) and 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 applicant enlisted in the Regular Army on 19 September 1999.
a. Upon completion of training he was awarded military occupational specialty 75B (Personnel Administrative Specialist).
b. He was assigned to the 11th Armored Cavalry Regiment (ACR), Fort Irwin, CA, on 9 May 2000.
3. A DA Form 4980-14 (ARCOM Certificate) filed in his records shows Headquarters, 11th ACR, Fort Irwin, CA, Permanent Orders Number 217-6, dated 5 August 2003, awarded the applicant the ARCOM for meritorious service during the period 4 May 2000 to 3 August 2003.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 28 September 2003. It shows the:
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
5. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism (GWOT) operations outside of the designated GWOT area of eligibility (AOE) on or after 11 September 2001 to a future date to be determined. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive or 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the ARCOM for his meritorious service during the period 4 May 2000 to 3 August 2003.
2. The evidence of record shows the applicant was serving on active duty in the RA on 11 September 2001 and he was assigned to a unit supporting GWOT operations outside the designated GWOT AOE for more than 30 consecutive days. Thus, his service qualified him for the GWOTSM.
3. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.
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 adding to his DD Form 214 the:
* Army Commendation 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) AR20130012165
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130012165
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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