BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018205
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 National Defense Service Medal (NDSM) and Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states she served during the Global War on Terrorism and is therefore authorized these medals.
3. The applicant provides 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 Regular Army on 19 May 2009 for 5 years. She dislocated her right shoulder while doing push-ups in basic training on 27 May 2009. On 16 March 2010, she was honorably discharged due to non-combat related disability with severance pay. She completed 9 months and 28 days of active service.
3. Her DD Form 214 does not show any awards or decorations.
4. Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. During the period listed for the Global War on Terrorism, all Soldiers on active duty in good standing will also be eligible.
5. Army Regulation 600-8-22 states 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 areas of eligibility 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 or 60 nonconsecutive days, are authorized award of the GWOTSM.
6. The U.S. Army Human Resources Command Military Awards Branch website provides responses to frequently-asked questions and clarifies eligibility for award of the GWOTSM by stating that Soldiers serving on active duty primarily for training in initial-entry training or basic training, advanced individual training, annual training (Reserve Component), officer training courses, warrant officer training courses, and/or any training not in direct support of Global War on Terrorism operations are not authorized award of the GWOTSM.
7. Department of Defense Instruction 1348.33, change 1, dated 23 November 2010, implements the policies and procedures for the Department of Defense Military Awards Program. It states the GWOTSM was established for those service members who serve in support of operations to combat terrorism. Service members must have been permanently assigned , attached, or detailed to a unit that participated in or served in support of designated operations for 30 consecutive or 60 nonconsecutive days of active duty or meet one of the following criteria: (1) was engaged in actual combat, regardless of time in the operation; or (2) was killed, wounded, or injured requiring medical evacuation while participating in the designated operation, regardless of time.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed a period of qualifying service for award of the NDSM. Therefore, her DD Form 214 should be corrected to show this medal.
2. The evidence of record shows she was serving on active duty primarily for training in initial-entry training or basic training when she was separated for disability; therefore, she did not complete a period of qualifying service for award of the GWOTSM. As such, there is no basis for adding award of the GWOTSM to her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 award of the NDSM to her DD Form 214.
2. The Board further determined 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 adding award of the GWOTSM to her DD Form 214.
__________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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