BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160004478 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160004478 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 adding to the his 8 February 2004 DD Form 214 the Army Achievement Medal (2nd award), Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal. 2. The Board further determined that 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 any relief in excess of that described above. ______________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. BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160004478 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 8 February 2004 by: a. converting his two Army Reserve Components Achievement Medals to two Army Achievement Medals and b. awarding him the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal. 2. The applicant states a clerical error occurred in recording his Achievement Medals, and the other two awards were created after his separation but were retroactive. 3. The applicant provides – * two Army Achievement Medal Certificates * two DD Forms 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, as an Army National Guard staff sergeant, served on active duty for several periods including from 11 February 2002 through 3 January 2003 and 23 February 2003 through 8 February 2004. 3. His 3 January 2003 DD Form 214 shows he was called to active duty in support of Operation Enduring Freedom and served in Cuba from 14 June 2002 to 8 December 2002. It lists his awards as the – * Army Reserve Components Achievement Medal (2nd Award) * National Defense Service Medal (2nd award) * Armed Forces Reserve Medal With "M" Device * Noncommissioned Officer's Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Army Reserve Components Overseas Training Ribbon (3rd Award) * Sharpshooter Qualification Badge with Rifle Bar 4. The applicant's 8 February 2004 DD Form 214 shows he was called to active duty in support of Operation Enduring Freedom but does not list a deployment location for that service. His awards are listed as the – * Army Reserve Components Achievement Medal (2nd Award) * National Defense Service Medal (2nd Award) * Armed Forces Reserve Medal with "M" Device (2nd Award) * Noncommissioned Officer's Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Army Reserve Components Overseas Training Ribbon (3rd Award) * Sharpshooter Marksmanship Badge with Bar * Driver and Mechanic Badge with Driver - "W" Bar 5. The applicant was awarded the Army Achievement Medal for – * meritorious service from 23 February 2003 to 17 January 2004 by the Military Police Authority Fort Benning, GA Permanent Order Number 141-746 * meritorious achievement from 22 – 23 November 2003 by the Military Police Authority Fort Benning, GA Permanent Order Number 343-743 REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states list awards and decorations for all periods of service in the priority sequence. Each entry will be verified by the Soldier's records. Do not use abbreviations. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Service Medal (GWOTSM) is authorized for 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 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. Paragraph 2-18d specifically includes service in Guantanamo Bay Cuba. DISCUSSION: 1. The applicant's 3 January 2003 DD Form 214 lists award of two Army Reserve Components Achievement Medals. These awards are not to be confused with the Army Achievement Medal, which is a separate award. The two Army Achievement Medals that were awarded to him for service and achievement during his period active duty service from 23 February 2003 through 8 February 2004 were not added to the DD Form 214 covering the period. 2. The applicant served on active duty for two periods for which award of the Global War on Terrorism Expeditionary Medal or the Global War on Terrorism Service Medal were authorized. They were not included on his DD Form 214 for the period ending 8 February 2004. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004478 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2