IN THE CASE OF: BOARD DATE: 28 May 2009 DOCKET NUMBER: AR20090003167 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, the National Defense Service Medal, and any other awards that he may have earned during his military service. 2. The applicant states that he was discharged after 11 September 2001 but prior to approval of the requested awards. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 October 2001, in support of his request. 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 show he enlisted in the Regular Army for a period of 4 years on 27 October 1998. He completed basic combat and advanced individual training and was awarded military occupational specialty 13F (Fire Support Specialist). He was honorably discharged in the rank/grade of specialist (SPC)/E-4 on 1 October 2001 by reason of parenthood. He completed 2 years, 11 months, and 5 days of creditable active service. 3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, the Army Lapel Button, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Item 13 does not show award of the Global War on Terrorism Service Medal and/or the National Defense Service Medal. 4. Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal 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. 5. Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined. Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command. Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or 60 nonconsecutive days, or meet one of the following criteria: (1) initial award of the Global War on Terrorism Service Medal is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, or Iraqi Freedom; or (2) 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 days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 6. Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214. 7. The applicant’s record is void of any derogatory information that would have disqualified him from his first award of the Army Good Conduct Medal. 8. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of 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 contends that his records should be corrected to show award of the Global War on Terrorism Service Medal, the National Defense Service Medal, and any other awards that he may have earned during his military service. 2. With respect to the National Defense Service Medal, the applicant’s records show he was in the Regular Army between 11 September 2001 (beginning date of eligibility for this award) and 1 October 2001 (date of his discharge). Therefore, he served a qualifying period for award of the National Defense Service Medal and is entitled to correction of his records to show this award. 3. With respect to the Army Good Conduct Medal, the evidence of record confirms that the applicant served honorably during the period 27 October 1998 through 1 October 2001, completed nearly 3 years of honorable active service, and attained the rank/grade of SPC/E-4. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his records to show this award. 4. With respect to the Global War on Terrorism Service Medal, although the applicant was in the Regular Army between 11 September 2001 (beginning date of eligibility for this award) and 1 October 2001 (date of his discharge), there is no evidence that he was assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or 60 nonconsecutive days; that he performed airport security operations; or that served 30 consecutive days or 60 nonconsecutive days after 11 September 2001. Therefore, he does not meet the criteria for this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ____X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 October 1998 through 1 October 2001; b. awarding the applicant the National Defense Service Medal; and c. adding award of the Army Good Conduct Medal (1st Award) and the National Defense Service Medal to his DD Form 214. 2. The Board further determined that 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 award of the 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) AR20090003167 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003167 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1