IN THE CASE OF: BOARD DATE: 27 April 2010 DOCKET NUMBER: AR20090015415 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 award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and Afghanistan Campaign Medal (ACM). 2. The applicant states he was deployed to Afghanistan and did not receive either award prior to his separation from the service. 3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application. 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. After having had prior active duty service, the applicant enlisted in the United States Army Reserve (USAR) on 17 January 2001. 3. On 3 January 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF). He served for 8 months and 29 days until being released from active duty (REFRAD) on 1 October 2003, at the completion of his period of required active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards: * Army Achievement Medal (3rd Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Armed Forces Reserve Medal with "M" Device * Army Service Ribbon 4. Item 18 of this DD Form 214 contains an entry confirming he served in Afghanistan from 3 January through 1 September 2003. 5. The Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile fire pay/imminent danger pay for his service in Kuwait during the period January through 1 September 2003. 6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-16 contains guidance on the ACM. It states the ACM is provided to members who have served in Afghanistan in direct support of OEF during the period from on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF. A bronze service star is authorized for wear with this award for the following campaigns: * LIBERATION OF AFGHANISTAN (11 Sep 2001-30 Nov 2001) * CONSOLIDATION I (1 Dec 2001-30 Sep 2006) * CONSOLIDATION II (1 Oct 2006-Date to be Determined) 7. Paragraph 2-18 of the same regulation contains guidance on the GWOTEM. It states it is authorized for service in Global War on Terrorism Operations in an authorized area of eligibility (AOE) for 30 consecutive or 60 non-consecutive days on or after 11 September 2001, to a date to be determined. Service members who qualified for the GWOTEM during a period for which the ACM was later authorized remain qualified for the GWOTEM and upon application, may be awarded the ACM in lieu of the GWOTEM for such service. However, no service member shall be entitled to award of the ACM and the GWOTEM for the same act, achievement, or period of service. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he should be awarded the ACM and GWOTEM has been carefully considered and found to have partial merit. 2. By regulation the GWOTEM is authorized for qualifying service in an authorized AOE, including Afghanistan, during the period 11 September 2001 to a date to be determined; the ACM is authorized for qualifying service in Afghanistan during the period from 24 October 2001 to a date to be determined. However, the ACM and GWOTEM cannot be awarded for the same same act, achievement, or period of service. 3. The evidence of record confirms the applicant was deployed to Afghanistan and served there from 3 January 2003 through 1 September 2003, as evidenced by his DD Form 214 and corroborated by the DFAS record. As a result, he is eligible for the ACM with 2 bronze service stars and this award should be added to his DD Form 214. 4. However, the same period of service establishing eligibility for the ACM cannot be used to justify service eligibility for the GWOTEM. Therefore, he is not eligible to receive the GWOTEM. As a result, it would not be appropriate to grant this portion of the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X____ __X_____ __X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 awarding him the Afghanistan Campaign Medal with 2 bronze service stars and adding these awards to his DD Form 214. 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 further correcting his DD Form 214 by adding the GWOTEM. _______ _ 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) AR20090015415 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090015415 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1