IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140015118
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 Expeditionary Medal (GWOTEM).
2. The applicant states she believes she should have received the GWOTEM because she served on active duty from 2002 to 2004.
3. The applicant provides a copy of her 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 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 U.S. Army Reserve (USAR) on 13 June 2001. She held military occupational specialty 31B (Military Police).
3. Headquarters, U.S. Army 77th Regional Support Command, Fort Totten-Flushing, New York, Orders M-204-0034, dated 23 July 2001, show she was mobilized in support of Operation Noble Eagle. She was to report to Fort Bragg, NC, effective 29 July 2002 for 365 days. These orders were amended on
26 March and 11 July 2003 to show the period of active duty as
730 days.
4. Orders 031-0312, from the XVIII Airborne Corps and Fort Bragg, dated
31 January 2004, confirms the applicant was assigned to the 1302 MP Detachment in Orangeburg, NY, with a release date of 13 March 2004.
5. Her DD Form 214 shows on 13 March 2004, she was released from active duty, at Fort Bragg, in the rank of specialist/pay grade E-4. She was awarded the National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and the Army Service Ribbon. Item 12f (Foreign Service) and item 18 (Remarks) of her DD Form 214 show no entries for deployment.
6. Army Regulation 600-8-22 (Military Awards) states the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad (emphasis added) for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. There is no record showing the applicant deployed overseas. The governing regulation states the GWOTEM is authorized for Soldiers who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.
2. In view of the above, the applicant's request should be denied.
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) AR20110011043
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015118
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