IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080008488 


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, in effect, that he be awarded the Afghanistan Campaign Medal.  

2.  The applicant states, in effect, that if he is entitled to award of the Afghanistan Campaign Medal and that his Global War on Terrorism Expeditionary Medal must be voided, then that is acceptable to him.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge From Active Duty) in support of this 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’s DD Form 214 shows that he was ordered to active duty in support of Operation Noble Eagle and Enduring Freedom from 1 May 2002 to
20 June 2003.  Item 18 (Remarks) of his DD Form clearly shows, in pertinent part, that the applicant served in Afghanistan from 15 September 2002 to 
26 March 2003. 

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that he was awarded the Joint Service Commendation Medal, the Army Achievement Medal (2nd award), the Army Reserve Components Achievement Medal (4th award), the Armed Forces Reserve Medal with bronze hourglass and with “M” Device, the Army Service Ribbon, the Overseas Service Ribbon (2nd award), the Army Reserve Components Overseas Training Ribbon, and the Parachutist Badge.  His DD Form 214 does not show award of the Global War on Terrorism Expeditionary Medal.

4.  The applicant’s DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) shows that he was awarded the Combat Action Badge, the Army Commendation Medal, and the Meritorious Service Medal.  His DD Form 215 does not show award of the Global War on Terrorism Expeditionary Medal.

5.  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.  Service members qualified for the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service. 

6.  Army Regulation 600-8-22 states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom.  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 Operation Enduring Freedom.  A bronze service star is authorized for the following campaigns:  
Liberation of Afghanistan 11 September 2001 – 30 November 2001; Consolidation I 1 December 2001 – 30 September 2006; and Consolidation II     1 October 2006 – date to be determined.

7.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  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 (GWOT) 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 nonconsecutive days.  Only one award of the GWOTSM may be authorized to any individual; therefore, second and subsequent awards will not be awarded. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that he be awarded the Afghanistan Campaign Medal, and that if his Global War on Terrorism Expeditionary Medal must be voided or replaced, that is acceptable.

2.  Records show the applicant completed a qualifying period of active federal service in Afghanistan.  Therefore, his records should be corrected to show award of the Afghanistan Campaign Medal.  The applicant participated in one campaign during his service in Afghanistan.  Therefore, he is eligible for award of the Afghanistan Campaign Medal with one bronze service star.

3.  Records show that the applicant participated in Global War on Terrorism Operations outside of the AOE during the period of 1 May 2002 through 
14 September 2002.  Therefore, he is entitled to award of the GWOTSM.

4.  There is no evidence that the applicant was awarded the Global War on Terrorism Expeditionary Medal.  Therefore, no correction of his records is required to void this medal.





BOARD VOTE:

____X___     ___X_ __  ___X_ __  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.  awarding him the Afghanistan Campaign Medal with one bronze service star; and  

   b.  awarding him the Global War on Terrorism Service Medal.



      __________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)                                         AR20080008488



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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