IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140012977
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 Global War on Terrorism Service Medal (GWOTSM) and Army Service Ribbon (ASR).
2. The applicant states:
* he served in the Army from 11 September 2004 to 30 November 2005
* he was awarded the National Defense Service Medal, but not the GWOTSM or ASR
* in order to qualify for these decorations a Service Member must have served since 2001 and completed any form of training
* he completed the cardiopulmonary resuscitation course and first half of Army medical training which is the same as emergency medical technician training
3. The applicant provides his DD Form 214 and a Certificate of Completion.
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. After prior enlisted service in the U.S. Marine Corps, the applicant enlisted in the Regular Army (RA) on 31 May 2005 for military occupational specialty MOS 91W (Health Care Specialist).
3. He submitted a Certificate of Completion issued June 2005, from the Military Training Network, Resuscitative Medicine Training Program which shows he successfully completed the cognitive and skills evaluation in accordance with the American Heart Association Guidelines 2000 for the basic life support for Healthcare Providers Program.
4. On 30 November 2005, he was discharged due to a condition, not a disability by authority and reason of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-17, with an honorable character of service, after serving for 6 months. The DD Form 214 he was issued shows in:
* item 11 (Primary Specialty) the entry None/Nothing Follows
* item 13 Item 13 (Decorations, Medals, Badge, Citations, and Campaign Ribbons Awarded or Authorized) the entries:
* Marine Corps Good Conduct Medal
* National Defense Service Medal (2nd award)
* item 18 (Remarks) the entries:
* Sea Service Deployment
* Expert Marksmanship Qualification Badge with Rifle Bar
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the area of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on active duty on or after 11 September 2001 to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized the GWOTSM.
b. 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.
DISCUSSION AND CONCLUSIONS:
Award of the GWOTSM is contingent upon completion of initial entry training and participation in direct support of GWOT operations. Award of the Army Service Ribbon is contingent upon completion of initial entry training. Since the applicant did not complete his initial entry training or participate in direct support operations in a qualifying area of eligibility he is not entitled to have his DD Form 214 corrected to show these awards.
BOARD VOTE:
________ ________ ______ GRANT FULL RELIEF
________ ________ ______ GRANT PARTIAL RELIEF
________ ________ ______ GRANT FORMAL HEARING
___x____ ___x____ __x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20140012977
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ABCMR Record of Proceedings (cont) AR20140012977
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