AR20140000033

IN THE CASE OF:

BOARD DATE: 19 August 2014

DOCKET NUMBER: AR20140000033

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 list the National Defense Service Medal (NDSM) with one bronze service star and Global War on Terrorism Service Medal (GWOTSM).

2. The applicant states, in effect, per Army Regulation (AR) 600-8-22 (Military Awards), paragraphs 2-10 and 2-19, the NDSM and GWOTSM should be listed on his DD Form 214 for service from 11September through 11October 2001. While attempting to become a member of the American Legion it was brought to his attention that based on his service dates he qualified for a bronze service star to be affixed to his already-awarded NDSM as well as qualifying for the GWOTSM. After reviewing AR600-8-22, it appears he may qualify for the stated corrections of his DD Form 214.

3. The applicant provides copies of his DD Form 214 and AR 600-8-22, sections2-10 and 2-19.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2. The applicant enlisted in the Regular Army on 7 July 1993. He was honorably discharged in pay grade E-4 on 11 October 2001. His DD Form 214 lists the:

* North Atlantic Treaty Organization Medal with one bronze service star
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* NDSM
* Armed Forces Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Driver and Mechanic Badge with Driver-M Bar

3. AR 600-8-22 states the:

a. NDSM is awarded for honorable active service for any period between 27June 1950 and 27 July 1954, both dates inclusive; between 1January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30November 1995; and from 11September 2001 to a date to be determined.

b. To signify receipt of a second or subsequent award of the NDSM, a service star will be worn on the service ribbon by U.S. Army personnel so qualified. A second or third award of the NDSM is authorized for Soldiers who served in one or more of the four time periods listed.

c. The Global War on Terrorism Service Medal is authorized for award to all Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30consecutive days or 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

The evidence shows the applicant completed a qualifying period of service for award of one bronze service star to be affixed to his already-awarded NDSM and the GWOTSM. Therefore, he is entitled to correction of his DD Form 214 to show these awards.

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:

* deleting from the applicant’s DD Form 214 the NDSM
* adding to this DD Form 214 the NDSM with one bronze service star and 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) AR20140000033

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont) AR20140000033

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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