IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150009220 BOARD VOTE: ____x____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150009220 BOARD DETERMINATION/RECOMMENDATION: 1. 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: a. awarding him the Army Good Conduct Medal (second award) for the period 30 September 2000 to 29 September 2003; b. deleting from his DD Form 214 the Good Conduct Medal; and c. adding to his DD Form 214 * Army Commendation Medal * Army Good Conduct Medal (Second Award) * 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150009220 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 the Global War on Terrorism Service Medal (GWOTSM). 2. The applicant states he served from 30 September 1996 (sic, 1997) to 29 September 2003 but was not awarded the GWOTSM. 3. The applicant provides a copy of his DD Form 214. 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 enlisted in the Regular Army on 30 September 1997. He completed his initial training and was awarded MOS 91X (Health Physics Specialist). 3. In July 2001, the applicant was assigned for duty with the U.S. Army Medical Department Activity located in Heidelberg, Germany. He remained assigned to this unit for approximately 2 years and 2 months. 4. A certificate for award of the Army Commendation Medal indicates that Permanent Order Number 90-10, dated 31 March 2003, announced the applicant’s award of the ARCOM for meritorious service for the period 30 July 2001 to 29 September 2003. 5. The applicant attained the rank of sergeant, pay grade E-5 and was subsequently released from active duty on 29 September 2003. He completed 6 years of creditable active duty service. His DD Form 214 shows his awards as: * Army Achievement Medal (2nd Award) * Good Conduct Medal * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism (GWOT) operations outside of the areas of eligibility designated for award of the GWOT 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. b. The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service on more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show the GWOTSM. 2. The available evidence of record shows that the applicant served during a qualifying period for award of the GWOTSM. Therefore, it should be shown on his DD Form 214. 3. The available evidence also shows that the applicant was awarded the ARCOM for meritorious service. Therefore, this medal should be shown on his DD Form 214. 4. The evidence of record shows the applicant served for 6 full years and attained the rank of sergeant. He was awarded the AGCM for his first three years of service and earned a personal decoration for service during his last 2 years of service. There is no indication that the applicant’s commander took any action to deny him a second award of the AGCM. There is no evidence of any disciplinary action, or other action that would have precluded him from receiving a second award of the AGCM. Therefore, it would be appropriate to award him such. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR201500009220 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009220 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2