IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140010410
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) for the period ending 16 August 2002 to show award of the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states, in effect:
* his records do not reflect award of the GWOTSM
* he mobilized in support of Operation Enduring Freedom in 2002 and the GWOTSM did not exist until after he was discharged
* he joined the U.S. Army Reserve in 2011 and is eligible for the GWOTSM
* he would like this award to be updated in his records so he can wear the medal on his uniform
3. The applicant provides:
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* travel orders
* active duty orders
* DD Form 214 for the period ending 16 August 2002
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 Army National Guard (ARNG) on 13 November 1999. He was ordered to active duty on 4 January 2002 in support of Operation Enduring Freedom and he was released from active duty on 16 August 2002.
3. His DD Form 214 for the period ending 16 August 2002 does not show the GWOTSM as an authorized award.
4. He was discharged from the ARNG on 9 January 2004.
5. He enlisted in the U.S. Army Reserve on 13 January 2011.
6. Army Regulation 600-8-22 (Military Awards) 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, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, 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.
DISCUSSION AND CONCLUSIONS:
1. The governing awards regulation states all Soldiers serving 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.
2. The evidence shows the applicant was ordered to active duty on 4 January 2002 in support of Operation Enduring Freedom and he was released from active duty on 16 August 2002. He served a qualifying period for award of the GWOTSM. Therefore, his DD Form 214 for the period ending 16 August 2002 should be corrected to show this medal.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the GWOTSM to his DD Form 214 for the period ending 16 August 2002.
_______ _ 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) AR20140010410
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ABCMR Record of Proceedings (cont) AR20140010410
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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