RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
				  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070017098 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallagher

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Global War on Terrorism Service and Expeditionary Medals.  

2.  The applicant states, in effect, that the awards were left off her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 March 2004, due to an administrative oversight.  

3.  The applicant provides a copy of her DD Form 214 in support of her 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.  The applicant was a specialist (SPC)/E-4 in the Massachusetts Army National Guard (MAARNG) who initially enlisted on 30 January 2001.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist). 

3.  The applicant's records show that she was ordered to active duty with her unit in support of Operation Enduring/Iraqi Freedom.  She reported to the mobilization station at Fort Drum, New York, and subsequently served in Iraq during the period 17 April 2003 to 9 February 2004.  She was honorably released from active duty by reason of pregnancy or childbirth and transferred to her MAARNG unit on 28 March 2004.  

4.  The DD Form 214 she was issued at the time of her separation shows she was awarded the National Defense Service Medal, the Armed Forces Reserve Medal with “M” Device, and the Army Service Ribbon.  

5.  The Global War on Terrorism Expeditionary Medal (GWOTEM) was established by Executive Order 13289, 12 March 2003.  It 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 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.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria: (1) be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the AOE; or (2) while participating in the designated operation, regardless of time, is killed, wounded or injured requiring medical evacuation from the AOE; or (3) service members participating as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the GWOTEM.  The GWOTEM may be awarded posthumously.  Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal if they meet the criteria for both awards; however, the qualifying service used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded.  

6.  The Global War on Terrorism Service Medal (GWOTSM) was established by Executive Order 13289, 12 March 2003.  It is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the GWOTSM for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 non- consecutive days, or meet one of the following criteria: (1) limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom; or (2) 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  non-consecutive days are authorized the GWOTSM.  The GWOTSM may be awarded posthumously.  Service members may be awarded both the GWOTEM and the GWOTSM if they meet the criteria for both awards; however, the qualifying period used to establish eligibility for one award cannot be used to justify eligibility for the other award.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded.

DISCUSSION AND CONCLUSIONS:

Evidence of record shows that the applicant served in Iraq from 17 April 2003 to 9 February 2004, in support of Operations Enduring/Iraqi Freedom.  Therefore, she served a qualifying period of award of Global War on Terrorism Service and Expeditionary Medals, and is entitled to correction of her records to show these awards.

BOARD VOTE:

__rtd___  __mjnt__  __drg___  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 showing award of the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.  





					Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.