IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017208 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: 6 April 2017 DOCKET NUMBER: AR20150017208 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 2004 to show the Army Commendation Medal, the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary 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. IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017208 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) for the period ending 28 February 2004 to show the Army Commendation Medal (ARCOM). 2. The applicant states he was awarded the ARCOM for his service in support of Operations Enduring Freedom and Iraqi Freedom but the award is not shown on his DD Form 214. 3. The applicant provides his DD Form 214, a DA Form 4980-14 (ARCOM Certificate), and a letter from the National Personnel Records Center (NPRC). 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 29 February 2000. 3. Permanent Order Number 065-02, issued by Headquarters, 3rd Infantry Division (Mechanized) Artillery, on 5 March 2004, awarded the applicant the ARCOM for meritorious service during the period 7 October 2000 to 30 January 2004. 4. The applicant was released from active duty on 28 February 2004. His DD Form 214 does not show he was awarded the ARCOM or service medals for Operations Enduring Freedom and Iraqi Freedom. Item 18 (Remarks) shows he served in Operations Enduring and Iraqi Freedom from 21 January 2003 to 21 July 2003. 5. The applicant provides: a. An ARCOM Certificate that shows he was awarded the ARCOM for meritorious service during the period 7 October 2000 to 30 January 2004. This certificate is annotated with Permanent Order Number 065-02. b. A letter from the NPRC, dated 10 February 2015, which shows his authorized awards in accordance with NPRC records. Each of these awards, with the exception of the ARCOM, is shown on his DD Form 214. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Global War on Terrorism Service Medal (GWOTSM) is authorized to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the area of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or 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. b. 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 Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general 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. Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 2. Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service. It provided that in block 13 (Decorations, Medal, Badges Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214, the preparer would list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. DISCUSSION: 1. Permanent orders awarded the applicant the ARCOM. This award is not shown on his DD Form 214. 2. The applicant is authorized the GWOTSM based on his active duty service from 29 February 2000 to 28 February 2004. This award is not shown on his DD Form 214. 3. The applicant's DD Form 214 shows he served in Operation Enduring and Iraqi Freedom. Therefore, he is entitled to the GWOTEM, which is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017208 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017208 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2