IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012955
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 Global War on Terrorism Service Medal.
2. The applicant states he was activated with his Maryland Army National Guard (MDARNG) unit on 15 October 2001 for 11 months in support of Operation Noble Eagle.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 2 October 2002.
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. He previously completed 4 years of active service in the Regular Army. On
5 July 1999, he enlisted in the MDARNG.
3. On 6 October 2001, he entered active duty. On 2 October 2002, he was released from active duty by reason of completion of required active service and returned to his MDARNG unit. His DD Form 214 with a separation date of
2 October 2002 stated he was ordered to active duty in support of Operation Noble Eagle. His DD Form 214 does not show he is authorized the Global War on Terrorism Service Medal.
4. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal 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, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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:
The applicant served on active duty for more than 30 consecutive days after
11 September 2001. Therefore, he is authorized the Global War on Terrorism Service 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
amending his DD Form 214 with a separation date of 2 October 2002 to include 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.
ABCMR Record of Proceedings (cont) AR20130012955
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ABCMR Record of Proceedings (cont) AR20130012955
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