IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012626
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 he was awarded or authorized the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states:
* he retired from active duty on 30 April 2002 after 21 years of active service
* his last assignment was at the Command and General Staff College, where he provided support to the faculty in the training of field grade officers
* the GWOTSM was awarded by President George W. Bush, by Executive Order Number 13289 on 12 March 2003, but was made retroactive to 11 September 2001
* various directives made service in support of military operations qualifying service for the purpose of this medal
* he did not receive the medal because he was already retired on the date it was authorized
3. The applicant provides:
* his DD Form 214, for the period ending 30 April 2002
* a 6-page printout from the internet site Wikipedia, entitled GWOTSM
* an extract of his DA Form 638 (Recommendation for Award)
* Orders 017-0001, issued by the U.S. Army Combined Arms Center and Fort Leavenworth, Fort Leavenworth, KS, on 17 January 2002
* a Certificate of Appreciation, given on the occasion of his retirement, signed by President George W. Bush
* a personal note from Brigadier General Dxxxx H. Hxxxxxx Jr., dated 15 February 2002
* a DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report), covering the period 200107 200202
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 25 November 1980, the applicant enlisted in the Regular Army.
3. On 20 March 1986, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).
4. On 2 October 1986, he again enlisted in the Regular Army. He served through numerous periods of reenlistment and/or extension, in positions of greater responsibility and, on 1 November 1999, he was promoted to the rank/grade of master sergeant (MSG)/E-8.
5. On 30 April 2002, he was honorably retired from the Army at the completion of over 20 years and 10 months of active service. His DD Form 214 shows he was awarded or authorized the:
* Defense Meritorious Service Medal
* Meritorious Service Medal (2nd Award)
* Joint Service Commendation Medal
* Army Commendation Medal (3rd Award)
* Joint Service Achievement Medal
* Army Achievement Medal (6th Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (NDSM)
* Armed Forces Service Medal
* NCO Professional Development Ribbon with Numeral "3"
* Overseas Service Ribbon (3rd Award)
* Army Service Ribbon
* Joint Meritorious Unit Award
* North Atlantic Treaty Organization (NATO) Medal
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
* Basic Recruiter Badge with 1 gold achievement star
* Army Lapel Button
6. On 15 October 2003, a DD Form 215 (Correction to DD Form 214) was created, which amended his DD Form 214 of 30 April 2002 by adding the NDSM (2nd Award).
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in GWOT 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 or 60 nonconsecutive days, are authorized award of the GWOTSM.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he served a qualifying period for entitlement to the GWOTSM which is not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show this award.
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 for the period ending 30 April 2002 to add award of the GWOTSM.
_____________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) AR20110020936
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ABCMR Record of Proceedings (cont) AR20130012626
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