BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130013707
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Service Medal (GWOTSM) and Army Achievement Medal.
2. The applicant states these two awards are missing from her DD Form 214 due an administrative error occurring at the time of her discharge.
3. The applicant provides copies of a DA Form 638 (Recommendation For Award), her DD Forms 214 and 215 (Correction to DD Form 214), and a Department of Defense (DoD) announcement.
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 13 August 2002 and she held military occupational specialty 63W (wheeled vehicle repairer).
3. She provided a copy of a DA Form 638, dated 15 October 2003, recommending her for the Army Achievement Medal for the period 7 March 2003 through 8 November 2003. The form shows the award was approved on 30 October 2003 by Permanent Orders (PO) Number 303-1.
4. She was honorably discharged on 20 November 2004. She completed 2 years, 3 months, and 8 days of net active service with no time lost. She was also credited with completion of 8 months and 1 day of foreign service. Her DD Form 214 lists the Army Lapel Button, Global War on Terrorism Expeditionary Medal (GWOTEM), National Defense Service Medal, Korea Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.
5. On 18 April 2005, a DD Form 215 was issued correcting item 19a and 20 of her 2004 DD Form 214.
6. She also provided a copy of a DoD announcement which announced the final approval of the Global War on Terrorism Medals.
7. On 10 September 2013, a staff member of the Defense Finance and Accounting Service (DFAS) stated there no evidence the applicant received either hostile fire and imminent danger pay or Combat Zone Tax Exclusion from 2003 through 2004.
8. 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 the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined. Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.
DISCUSSION AND CONCLUSIONS:
1. PO awarded the applicant the Army Achievement Medal during her period of service. Therefore, she is entitled to correction of her DD Form 214 to show this award.
2. In accordance with regulatory guidance, personnel may receive both the GWOTEM and GWOTSM if they meet the requirements of both awards; however, the qualifying period of service used to establish eligibility for one award cannot be used to justify eligibility for the other. Therefore, she is not entitled to award of the GWOTSM and its addition to her DD Form 214.
3. DFASs records do not show that the applicant received hostile fire/imminent danger pay or Combat Zone Tax Exclusion. That indicates she is not eligible for the GWOTEM that is currently shown on her DD Form 214 and that perhaps this award should have been shown as the GWOTSM. However, such a change cannot be made unless the applicant specifically acknowledges that she is not eligible for the GWOTEM (or provides evidence of her deployment) and requests deletion of that award and entry of the GWOTSM instead.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ____X____ ___X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the applicant's DD Form 214 the Army Achievement Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Global War on Terrorism Service Medal and its addition to her DD Form 214 at this time.
_______ _ 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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