IN THE CASE OF: BOARD DATE: 21 August 2012 DOCKET NUMBER: AR20120002970 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 his active duty service from 15 January 2002 to 15 January 2003 and the Army Commendation Medal, Army Achievement Medal, and any other awards he may be entitled to. 2. The applicant states he: * served on active duty from 12 January 1983 to 16 March 1992 * served in the U.S. Army Reserve (USAR) from 1994 – 2000 * was ordered to active duty for Operation Enduring Freedom from 15 January 2002 – 15 January 2003 * was awarded the Army Commendation Medal, and Army Achievement Medal during that period * may be entitled to wear other awards/service medals * served as an intelligence officer with the Army Corps of Engineers in Winchester, VA 3. The applicant did not provide any additional documentation. 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, a USAR Field Artillery major, was ordered to active duty in support of Operation Enduring Freedom. His orders show he was to report on 28 January 2002. The period of active duty was not to exceed 365 days. The unit of assignment is shown as the U.S. Army Corps of Engineers Transatlantic Programs Center, Winchester, VA. 3. His record contains the following awards he received for meritorious service while he was assigned to the U.S. Army Corps of Engineers Transatlantic Programs Center: a. the Army Commendation Medal for the period 28 January to 2 December 2002 ; and b. the Army Achievement Medal for the period 15 July to 10 August 2002. 4. The Retirement Points Detail Section of his Army Human Resources Command Integrated Web Service (IWS) record shows he was on active duty continuously from 28 January 2002 through 27 January 2003. 5. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for all Soldiers on active duty. 6. There is no available DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period January 2002 to January 2003. 7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated, in pertinent part, that a DD Form 214 would be issued at the time of separation to all personnel, to include USAR Soldiers, after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he served on active duty in support of Operation Enduring Freedom from 15 January 2002 to 15 January 2003. 2. The available evidence shows the applicant was on active duty from 28 January 2002 through 27 January 2003, in support of Operation Enduring Freedom. 3. There is no available evidence of a DD Form 214 being issued to show this period of active duty. 4. He was awarded the Army Commendation Medal and Army Achievement Medal, and he served a qualifying period for award of the Global War on Terrorism Service Medal. 5. A DD Form 214 should be issued to show the period of active duty and the awards he received. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ____x___ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 issuing the applicant a DD Form 214 showing he performed active duty from 28 January to 27 January 2003, and that his awards include the Army Commendation Medal, Army Achievement Medal, and the Global War on Terrorism Service Medal. 2. The Board further determined 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 showing he was on active duty from 15 January 2002 to 15 January 2003. ___________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) AR20110000841 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120002970 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1