IN THE CASE OF: BOARD DATE: 31 July 2012 DOCKET NUMBER: AR20120002494 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) to show award of the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Overseas Service Ribbon. 2. The applicant states the awards were not listed on her DD Form 214 due to a clerical error. 3. The applicant provides: * Army Commendation Medal Certificate for the period 22 January to 11 November 2003 * Her DD Form 214 for the period ending 16 January 2004 * Her DD Form 214 for the period ending 3 April 1995 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records 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. On 6 December 2002, the applicant, a U.S. Army Reserve (USAR) Soldier with the 693rd Quartermaster Company, Bell, CA, was ordered to active duty in support of Operation Enduring Freedom. She held military occupational specialty (MOS) 92A (Automated Logistical Specialist). 3. On 16 January 2004, the applicant was released from active duty as a sergeant (SGT)/E-5. She completed 1 year, 1 month, and 11 days of net active service during this period. The DD Form 214 for this period of service shows in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon b. item 18 (Remarks) the entry "SERVICE IN SOUTHWEST ASIA 20030123- 20031115." 4. Permanent Order 105-134, issued by Headquarters, U.S. Army 63rd Regional Readiness Command, Los Alamitos, CA, dated 14 April 2004, awarded the applicant the Army Commendation Medal for meritorious service during Operation Iraqi Freedom from 22 January to 11 November 2003. 5. Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Expeditionary Medal (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 (GWOT) operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (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. b. 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 GWOT operations outside of the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or the 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 days or 60 nonconsecutive days are authorized the GWOTSM. c. The Overseas Service Ribbon is awarded for successful completion of overseas tours. According to the Awards Branch at U.S. Army Human Resources Command, Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. DISCUSSION AND CONCLUSIONS: 1. Permanent orders awarded her the Army Commendation Medal. 2. The available evidence shows she served a qualifying period of service for award of the Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Overseas Service Ribbon. 3. Therefore, her DD Form 214 for the period ending 16 January 2004 should be corrected to show these awards. 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 to her DD Form 214 for the period ending 16 January 2004 the: * Army Commendation Medal * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * Overseas Service Ribbon __________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) AR20100000172 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120002494 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1