IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080008309
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 his deployment be added to item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 May 2005 and that he be awarded the Global War on Terrorism Expeditionary Medal (GWOTEM).
2. The applicant states that he was not aware that his service in Guantanamo Bay qualified him for award of the GWOTEM until recently.
3. The applicant provides his DD Form 214 for the period ending 27 May 2005; two sets of active duty orders, one dated 1 July 2004 and one dated 26 August 2004; deployment orders, dated 24 September 2004, with an attached personnel roster; release from active duty orders, dated 3 May 2005; a noncommissioned officer evaluation report (NCOER) for the period September 2004 through April 2005; a DA Form 638 (Recommendation for Award), dated 31 March 2005; and a U. S. Army Human Resources Command, Military Awards Branch message.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard on 23 June 2000.
2. The applicant and his unit were ordered to active duty in support of Operation Enduring Freedom effective 7 September 2004 and assigned to U. S. Army Forces Command with continued travel to Camp Delta, Guantanamo Bay, on or about 25 September 2004.
3. The applicant provided an NCOER for the period September 2004 through April 2005 showing he performed duties at Guantanamo Bay. He provided a DA Form 638 showing he was awarded the Army Commendation Medal, for the period 6 September 2004 to 26 April 2005, for the duties he performed at Guantanamo Bay.
4. The applicant was released from active duty on 27 May 2005. Item 12f (Foreign Service) of his DD Form 214 for the period ending 27 May 2005 shows he performed 6 months and 11 days of foreign service. Item 18 does not show his deployment. This DD Form 214 does not show he was awarded the GWOTEM.
5. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) states 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. Initial award of the GWOTEM is limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility (AOE): Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Yeman, 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 and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.
7. Effective April 2005, the designated area of eligibility for award of the GWOTEM was expanded to include Colombia and Guantanamo Bay.
DISCUSSION AND CONCLUSIONS:
1. The applicantÂ’s deployment to Guantanamo Bay in support of Operation Enduring Freedom is not, but should be, reflected in item 18 of his DD Form 214 for the period ending 27 May 2005.
2. The applicant does not specifically indicate the dates he was at Guantanamo Bay. However, item 12f of his DD Form 214 for the period ending 27 May 2005 shows he served 6 months and 11 days of foreign service. A set of orders shows he was scheduled to travel to Guantanamo Bay on or about 25 September 2004. Using 25 September 2004 as a starting date, 6 months and 11 days later would have been 6 April 2005. In the absence of evidence to the contrary, item 18 of his DD Form 214 for the period ending 27 May 2005 should be corrected to show he deployed to Guantanamo Bay from 25 September 2004 through 6 April 2005.
3. Based upon the April 2004 expansion of the designated area of eligibility for award of the GWOTEM, the applicant met the eligibility criteria for award of the GWOTEM for his deployment to Guantanamo Bay.
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:
a. amending item 18 of his DD Form 214 for the period ending 27 May 2005 to show he deployed to Guantanamo Bay from 25 September 2004 through 6 April 2005; and
b. adding the Global War on Terrorism Expeditionary Medal to his DD Form 214 for the period ending 27 May 2005.
_ _______ xxxxx__________
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.
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