IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150005914 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received the Global War on Terrorism Service Medal (GWOTSM) for his service from 21 December 2000 to 20 December 2003. 2. The applicant states the above award was not entered on his DD Form 214 because he was sent back from Iraq due to stop loss being lifted. 3. The applicant provides does not provide any supporting 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. On 21 December 2000, the applicant enlisted in the Regular Army. After initial training, he was awarded military occupational specialty 31L (Cable Systems Installer). 3. The applicant was assigned to Delta Company, 51st Signal Battalion (Airborne), Fort Bragg, NC from December 2001 to the date of his discharge. 4. On 20 December 2003, the applicant was honorably released from active duty by reason of completion of required active service. He completed 3 years of active duty service. His DD Form 214 shows in: a. Item 12f (Record of Service – Foreign Service) – No foreign service. b. Item 13, he was awarded the: * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge 5. The applicant states he never received the GWOTSM because he was sent back from Iraq due to stop loss being lifted and his unit was not presented the award. 6. The applicant’s record does not show, nor does he provide documentation that shows he received orders to Iraq or that he served any time overseas. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE 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 days or 60 nonconsecutive days are authorized the GWOTSM. DISCUSSION AND CONCLUSIONS: The applicant served on active duty for more than 30 consecutive days after 11 September 2001. Therefore, he is authorized the GWOTSM. 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 DD Form 214 with a separation date of 20 December 2003 to show the GWOTSM. _______ _ _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) AR20130021377 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005914 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1