IN THE CASE OF: BOARD DATE: 4 March 2010 DOCKET NUMBER: AR20090016370 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 4 May 2002 to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM). 2. The applicant states, in effect, that the above awards should be added to his DD Form 214. 3. The applicant provides his DD Form 214 for the period ending 4 May 2002. 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 service, the applicant enlisted in the Regular Army on 21 March 1996 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 92A (Automated Logistics Specialist). 3. On 6 October 1998, the applicant was assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, Buedingen, Germany. 4. On 4 May 2002, the applicant was honorably released from active duty at Hanau, Germany. 5. The applicant's records do not show award of the GWOTEM or the GWOTSM. 6. On 29 January 2010, the Defense Finance and Accounting Service (DFAS) verified that there was no record of the applicant having served in support of Operations Enduring Freedom or Iraqi Freedom. 7. Army Regulation 600-8-22 (Military Awards) states that the GWOTEM is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. The following areas of eligibility (AOE) are as follows: Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 east degrees east latitude), Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal. 8. Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined. 9. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected show awarded of the GWOTEM. However, evidence of record shows that he was assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, Germany from 6 October 1998 through 4 May 2002 prior to his discharge. DFAS verified that there was no record of him having served in support of Operations Enduring Freedom or Iraqi Freedom. Therefore, the applicant did not meet the criteria for award of the GWOTEM. 2. The applicant met the criteria for award of the GWOTSM and the Overseas Service Ribbon. These awards should be added to his DD Form 214. 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 adding to DD Form 214 for the period ending 4 May 2002 the Global War on Terrorism Service Medal and the Overseas Service Ribbon. 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 adding the GWOTEM to his DD Form 214. _______ _ 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) AR20090016370 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016370 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1