IN THE CASE OF:	  

		BOARD DATE:	       24 September 2008

		DOCKET NUMBER:  AR20080000988 


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 that he be issued medals and decorations for his service in Korea and Afghanistan.  

2.  The applicant states that his expiration of term of service (ETS) was 23 September 2002 and he was not issued any of the decorations for his service in Korea and Afghanistan.  

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); his deployment orders in support of Operation Enduring Freedom with accompanying roster; his North Atlantic Treaty Organization (NATO) travel order; and his reassignment orders to Korea.

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 enlisted in the Regular Army on 24 September 1998.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 92A (automated logistical specialist).  

3.  Department of the Army, U.S. Army Combined Arms Support Command and Fort Lee, Virginia, Orders 063-00235, dated 4 March 1999, show the applicant was assigned to Korea with a reporting date of 3 May 1999.  

4.  An endorsement, dated 4 May 1999, shows the applicant was further assigned to the 61st Maintenance Company, Army Post Office (APO) Area Pacific effective 4 May 1999.  

5.  The applicant was honorably released from active duty on 23 September 2002.  His DD Form 214 shows the Army Achievement Medal, the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon as authorized awards.  

6.  Item 12f (Foreign Service) on his DD Form 214 shows he completed 1 year, 3 months, and 5 days of foreign service.  

7.  Item 18 (Remarks) on his DD Form 214 shows he served in Afghanistan from 7 April 2002 to 16 July 2002.

8.  Information obtained from the Defense Finance and Accounting Service (DFAS) on 9 September 2008 revealed the applicant was assigned to Korea from 3 May 1999 to 26 April 2000.

9.  On 5 August 2008, the applicant was notified in writing by a staff of the Board that he was eligible for the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Afghanistan Campaign Medal for qualifying service in Afghanistan.  However, he could only receive one of these service medals in recognition for his service in Afghanistan. The applicant did not respond within the allotted timeframe.  

10.  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.



11.  Army Regulation 600-8-22 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 (GWOT) operations outside of the designated areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.

12.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land.  The Afghanistan Campaign Medal period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Service members qualified for the GWOTEM by reasons of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  A bronze service star is authorized for the Liberation of Afghanistan 
(11 Sep 2001 – 30 Nov 2001); Consolidation I (1 Dec 2001 – 30 Sep 2006; and Consolidation II (1 Oct 2006 – Date To Be Determined).

13.  Army Regulation 600-8-22 states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows: (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s military pay records show he served in Korea from 3 May 1999 to 26 April 2000.  Therefore, he has served a period of qualifying service for award of the KDSM and this award should be added to his DD Form 214.  

2.  The applicant served a period of qualifying service in support of Operation Enduring Freedom for award of the GWOTEM, the GWOTSM, and the Afghanistan Campaign Medal.  However, the Military Awards regulation directs that no service member shall be entitled to award of the Afghanistan Campaign Medal and the GWOTEM for the same act, achievement or period of service.  

3.  The applicant did not submit his preference for award of the GWOTEM or the Afghanistan Campaign Medal for his service in Afghanistan; therefore, his records should be corrected to show award of the Afghanistan Campaign Medal with one bronze service star and the GWOTSM.

BOARD VOTE:

___xx___  ___xx___  ____xx__  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 adding the KDSM, the Afghanistan Campaign Medal with one bronze service star, and the GWOTSM to his DD Form 214.



      _________xxxx________
               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)                                         AR20080000988



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ABCMR Record of Proceedings (cont)                                         AR20080000988



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