IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140011694
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, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of a Legion of Merit and the Global War on Terrorism Service Medal.
2. The applicant states he was approved for these awards after he was issued his DD Form 214.
3. The applicant provides:
* self-authored statement
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* one letter
* printout form Clothing and Heraldry website
* Orders
* awards certificate
* DA Form 638 (Recommendation for Award)
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's complete military records are not available; however, the documents provided by the applicant are sufficient to serve in place of reconstructed records.
3. His DD Form 214 shows he was appointed as a warrant officer on 19 May 1983 and entered active duty. He held the military occupational specialty 152F0 (AH-64 Pilot). At the time of his release from active duty he had attained the rank/grade of chief warrant officer four/CW4.
4. He was honorably retired from active duty on 30 September 2001. His
DD Form 214 shows he completed 18 years, 4 months, 12 days of total creditable active service for the period ending 30 September 2001, and 9 years, 5 months, and 12 days of prior active service. He served in Southwest Asia from 18 August 1990 to 6 April 1991.
5. His DD Form 214, as amended by his DD Form 215, shows he was awarded or authorized:
* Meritorious Service Medal (6th Award)
* Air Medal with Combat Distinguishing Device "V" (2nd Award)
* Air Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Valorous Unit Award
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal with 2 bronze service stars
* Southwest Asia Service Medal with 2 bronze service stars
* Korea Defense Service Medal
* Humanitarian Service Medal
* Noncommissioned Officer's Professional Development Ribbon with Numeral "3"
* Army Service Ribbon
* Overseas Service Ribbon with Numeral "4"
* Kuwait Liberation Medal of Saudi Arabia
* Kuwait Liberation Medal of Kuwait
* Master Army Aviator Badge
* Senior Parachutist Badge
* Air Assault Badge
* Special Forces Tab
6. Permanent Orders (PO) Number 298-11, dated 25 October 2001, issued by Headquarters, U.S. Army Training and Doctrine Command awarded the applicant a Legion of Merit.
7. Army Regulation 600-8-22 (Military Awards) provides policy and guidance for military awards. It 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 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 days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a PO showing he was awarded the Legion of Merit. His DD Form 214 should be corrected to show this award.
2. As to the Global War on Terrorism Service Medal, the applicant's sincerity and high level of service to his country are not in question. However, Army Regulation 600-8-22 requires a recipient of the Global War on Terrorism Service Medal to have had 30 consecutive or 60 nonconsecutive days of active service after 11 September 2001. Unfortunately, the applicant was released from active duty on 30 September 2001 and falls short of the 30-day requirement.
3. In light of the foregoing, the applicant is not eligible for the award of the Global War on Terrorism Service Medal.
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 the Legion of Merit to the applicant's DD Form 214 for the period ending 30 September 2001.
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 the award of 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) AR20140011694
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ABCMR Record of Proceedings (cont) AR20140011694
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