IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20140020523
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) for the period ending 30 October 2003 to show all awards she is authorized as result of her service in support of Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF).
2. The applicant states she served in Kuwait in support of OEF and OIF but her DD Form 214 does not show any campaign medals for her service. When she was released from active duty (REFRAD) she left the unit she was assigned to because she was taken from another unit to backfill necessary slots. Her records were not available to be updated and her unit was not aware of the award. She was REFRAD in the spring of 2005.
3. The applicant provides:
* memorandum, subject: Request for REFRAD, dated 17 September 2003
* DD Form 214
* orders
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 25 April 1997.
3. She was ordered to active duty as a member of the USAR and she entered active duty on 7 February 2003.
4. She was honorably REFRAD on 30 October 2003 and transferred back to her USAR unit. Her DD Form 214 shows in:
a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon
b. Item 18 (Remarks) "SERVICE IN KUWAIT: 20030323-20030925."
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Global War on Terrorism Service Medal (GWOTSM) 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 areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal (GWOTEM), 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 GWOTSM.
b. The GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general AOE encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Service members must be assigned, attached, or mobilized to a unit participating
in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other, specified criteria. Initial award of the GWOTEM was limited to service members deployed abroad in OEF and OIF in designated specific geographic AOE, including Kuwait.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty from 7 February 2003 through 30 October 2003. Therefore, she served a qualifying period for award of the GWOTSM and is entitled to correction of her DD Form 214 to show this award.
2. She served a qualifying period in Kuwait, as evidenced by her DD Form 214. Therefore, she is entitled to correction of her DD Form 214 to show the GWOTEM.
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 item 13 of her DD Form 214 the GWOTSM and the GWOTEM.
_______ _ _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) AR20140020523
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