IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002780
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 records to show award of the Global War on Terrorism Service Medal.
2. The applicant states he served on active duty from 22 March 1999 to 21 March 2003.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 22 March 1999.
3. 1st Brigade, 1st Cavalry Division, Permanent Orders 023-009, dated 23 January 2003, awarded him the Army Commendation Medal for meritorious service during the period 17 March 1999 to 21 March 2003.
4. On 21 March 2003, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
5. His records are void of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 22 March 1999 through 21 March 2002.
6. 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 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 Global War on Terrorism Service Medal.
b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant met the eligibility criteria for award of the Global War on Terrorism Service Medal. His DD Form 214 should be corrected to show this award.
2. He served honorably during the period 22 March 1999 through 21 March 2002. His record is void of any evidence of a commander's disqualification statement. He met the criteria for award of the Army Good Conduct Medal (1st Award). He should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.
3. Permanent orders awarded him the Army Commendation Medal. His DD Form 214 should be corrected to show this award.
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:
* awarding him the Army Good Conduct Medal (1st Award) for the period 22 March 1999 to 21 March 2002
* adding the following awards to his DD Form 214
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
______________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) AR20150002780
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ABCMR Record of Proceedings (cont) AR20150002780
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