BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130017357
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 and the Global War on Terrorism Service Medal.
2. The applicant states he served in direct support of Operation Anaconda in Afghanistan and was separated from active duty prior to the date the Global War on Terrorism Service Medal was issued. His award of the Army Commendation Medal was omitted from his DD Form 214.
3. The applicant provides copies of his DD Form 214, DA Form 638 (Recommendation for Award) for the Army Commendation Medal, an Army Commendation Medal certificate, and internet prints-outs about Operation Anaconda and the Global War on Terrorism Service Medal.
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 16 March 1999, completed training, and was awarded military occupational specialty 92A (Automated Logistical Specialist).
3. 3rd Brigade, 101st Airborne Division Permanent Orders Number 038-003, dated 3 March 2002, awarded the applicant the Army Commendation Medal. The DA Form 638 notes the applicant was deployed to Kosovo during Operation Joint Guardian.
4. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) provides the following -
* assignment to Headquarters and Headquarters Company, 3rd Brigade, 101st Airborne Division, at Fort Campbell, Kentucky from 18 October 1999 through 15 March 2002
* deployment to Kosovo from 17 February 2000 through 9 July 2000
* award of the Army Service Ribbon, Air Assault Badge, Kosovo Campaign Medal with one bronze service star, NATO Medal, Army Achievement Medal, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars
5. The applicant was released from active duty on 15 March 2002. His DD Form 214 lists his awards as the Army Achievement Medal (2nd award), Army Good Conduct Medal, Kosovo Campaign Medal, NATO Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and the Air Assault Badge.
6. A review of the applicant's pay records shows foreign service in Macedonia from 22 February 2000 through 3 September 2000.
7. Army Regulation 600-8-22, (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) was established on 12 March 2003. It is authorized for award to all Soldiers on active duty on or after 11 September 2001 to a date to be determined. They must have served on active duty for 30 consecutive days or 60 nonconsecutive days to be authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's award of the Army Commendation Medal was omitted from his DD Form 214. It is appropriate to correct this oversight.
2. The applicant has not provided and the available record does not contain any evidence that he served in Afghanistan during Operation Anaconda.
3. The applicant was released from active duty prior to the date the Global War on Terrorism Service Medal was created. However, he served during the eligibility period for award of this medal. Therefore, it is appropriate to correct the record to show he is authorized this award.
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 showing that, in addition to the awards shown on the DD Form 214, the applicant is also authorized award of the Army Commendation Medal and 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.
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