RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20070005901


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, in effect, that he be awarded the Global War on
Terrorism Expeditionary Medal for his service during Operation Enduring
Freedom.

2.  The applicant states that the unit to which he was assigned was not
awarded the medal prior to the expiration of his term of service.

3.  The applicant provides in support of his application a statement
written to a Congressman requesting help in securing any medals to which he
may be entitled.

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.  On 27 June 1986, the applicant enlisted in the Army in Brooklyn, New
York, for 3 years, in the pay grade of E-1.  He successfully completed his
training as an electronic warfare/signal intelligence morse interceptor.

3.  He was honorably released from active duty (REFRAD) on 26 June 1989, at
the expiration of his term of service, after completing 3 year of net
active service. The Certificate of Release or Discharge from Active Duty
(DD Form 214) that he was furnished at the time of his REFRAD shows that he
was awarded the Army Lapel Button, the Marksman Marksmanship Qualification
Badge (Rifle M-16), the Parachute Badge, the Army Good Conduct Medal and
the Army Achieve Medal.

4.  The applicant reentered the Army on 12 May 2000 in Syracuse, New York,
for 4 years, in the pay grade of E-2.  He went on to successfully complete
his training as an administrative specialist.


5.  After completing 4 years of net active service this period, the
applicant was honorably discharged on 11 May 2004 upon completion of his
required active service.  The DD Form 214 that he was furnished at the time
of his discharge shows that he was awarded the Army Commendation Medal
(Third Award), the Army Achievement Medal (Second Award), the Valorous Unit
Award, the Army Good Conduct Medal (Second Award), the National Defense
Service Medal, the Army Service Ribbon, the Marksman Marksmanship
qualification Badge w/Rifle Bar, the Parachutist Badge and the Army Lapel
Button.  His DD Form 214 also shows that he had service in Afghanistan from
30 September 2001 through 4 April 2002 and from 8 July 2003 to a date in
2003 that is not clearly reflected on his DD Form 214.  His DD Form 214
indicates that he was in an imminent danger area.

6.  Army Regulation 600-8-22 (Military Awards) states that 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 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.  The Secretary of Defense, when recommended by the
Chairman, Joint Chiefs of Staff, will designate the specific area of
eligibility per qualifying operation.  Because counter-terrorism operations
are global in nature, the AOE for an approved operation may be deemed to be
non-contiguous.  The Combatant Commander has the authority to approve award
of the medal for units and personnel deployed within his or her theater.
Under no conditions will units or personnel within the United States or the
general region excluded above be deemed eligible for the GWOTEM.  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; (2) is killed, wounded or injured requiring medical evacuation from
the AOE while participating in the designated operation, regardless of
time; 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.




7.  Army Regulation 600-8-22 (Military Awards) states that the Global War
on Terrorism Service Medal (GWOTSM) 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 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 nonconsecutive days, or meet one of the following criteria: (1) Initial
award of the GWOTSM is 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 nonconsecutive
days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records shows that the applicant is entitled
to the GWOTEM.  He meets the criteria for award of the GWOTEM as he
deployed abroad for service in the Global War on Terrorism Operations from
30 September 2001 through 4 April 2002.  Therefore, he is entitled to the
GWOTEM.

2.  In accordance with the applicable regulation, the applicant is also
entitled to award of the Global War on Terrorism Service Medal for his
service in support of Operation Enduring Freedom.  Therefore, his records
should be corrected to include the GWOTEM and the GWOTSM.

3.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.

BOARD VOTE:

__QAS___  __DAC_   __JCR __  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
awarding him the Global War on Terrorism Expeditionary Medal and the Global
War on Terrorism Service Medal and amending his DD Form 214 to reflect both
of these decorations.




                                  __Jeffrey C. Redmann__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005901                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070920                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  1054                |107.0137/GWOTEM                         |
|3.  1055                |107.0138/GWOTSM                         |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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