BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140004958
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 the Army Service Ribbon and Global War on Terrorism Service Medal.
2. The applicant states his DD Form 214 is missing two basic awards he should have received: the Army Service Ribbon and Global War on Terrorism Service Medal. He served on active duty from 2005 to 2010 and he completed two deployments to Iraq in support of Operation Iraqi Freedom.
3. The applicant provides a copy of 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 23 February 2005. He was discharged from the DEP on 8 March 2005.
3. He enlisted in the Regular Army on 9 March 2005. He completed the training requirements and he was awarded military occupational specialty 88M (motor transport operator). He served in Iraq from:
* 21 July 2006 through 7 October 2007
* 18 October 2008 through 20 September 2009
4. On 17 February 2010, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 4 years, 9 months, and 9 days of net active service. His DD Form 214 lists the:
* Army Commendation Medal (3rd Award)
* Meritorious Unit Commendation
* Army Good Conduct Medal
* Iraq Campaign Medal with one bronze service star
* Overseas Service Ribbon (3rd Award)
* Combat Action Badge
* Driver and Mechanic Badge with "M" Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
5. Army Regulation 600-8-22 (Military Awards) states the:
a. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.
b. The Global War on Terrorism Service Medal is authorized for award to all Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days.
DISCUSSION AND CONCLUSIONS:
The applicant completed a qualifying period of service for award of the Army Service Ribbon and Global War on Terrorism Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
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 Service Ribbon and 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) AR20140004958
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