IN THE CASE OF:	  

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080011132 


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, in effect, award of the Global War on Terrorism Service Medal (GWOTSM)

2.  The applicant states, in effect, that based on his completion of active duty in support of Operation Noble Eagle, he should have been awarded the GWOTSM.

3.  The applicant provides his separation document (DD Form 214) in support of his application.

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's records shows that on 26 October 2001, while serving in the Army National Guard (ARNG), he was ordered to active duty in support of Operation Noble Eagle.

3.  On 24 June 2002, the applicant was honorably released from active duty by reason of completion of required active service.  The DD Form 214 he was issued at the time confirms he completed a total of 7 months and 29 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  Army Reserve Components Achievement Medal (2nd Award); National Defense Service Medal (2nd Award); Armed Forces Reserve Medal with "M" (Mobilization) Device; and Army Service Ribbon.  

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows he was ordered to active duty in support of Operation Noble Eagle in accordance with Title 10 of the United States Code, Section 12302 (10 USC 12302) in response to the World Trade Center and Pentagon Attacks.

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-19 of the awards regulation contains guidance on award of the Global War on Terrorism Service Medal (GWOTSM).  It states, in pertinent part, that it is authorized to members who have participated in Global War on Terrorism (GWOT) operations outside of designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers (National Guard Soldiers) activated 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.

DISCUSSION AND CONCLUSIONS:

The applicant's contention the he is entitled to the GWOTSM based on his active duty service in support of Operation Noble Eagle was carefully considered and found to have merit.  The evidence of record confirms the applicant served on active duty in support of Operation Noble Eagle outside of a designated AOE for 30 consecutive days after 11 September 2001.  Therefore, he is entitled to the GWOTSM and it would be appropriate to add it to his record and separation document at this time. 


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 amending his 24 June 2002 DD Form 214 by adding award of the Global War on Terrorism Service Medal to Item 13; and by providing him a correction to his separation document that includes this change.



      ________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)                                         AR20080011132



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ABCMR Record of Proceedings (cont)                                         AR20080011132



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