IN THE CASE OF:	  

		BOARD DATE:	  28 OCTOBER 2008

		DOCKET NUMBER:  AR20080011540 


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, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 2003, to reflect award of the Shoulder Sleeve Insignia, the Global War on Terrorism Expeditionary Medal, and one Overseas Service Bar.  

2.  The applicant states, that these awards are missing from his DD Form 214.  He also states that he did not know the DD Form 214 could be corrected.  He was just informed by a Veterans Service Representative that it can be updated with a DD Form 215 (Correction to DD Form 214).  

3.  In support of his application, the applicant provides a copy of his Statement of Wartime Service memorandum. 

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 military records show that he enlisted in the Army Delayed Entry Program, in pay grade E-1, on 22 July 1996.  He enlisted in the Regular Army, in pay grade E-3, on 1 July 1997.  He completed basic combat and advanced individual training and was awarded military occupational specialty 77F, Petroleum Supply Specialist.  He was promoted to pay grade E-4 on
1 February 1999.

3.  The applicant submits a copy of his Statement of Wartime Service memorandum, dated 1 October 2003, that shows he served in Kuwait and Iraq in support of Operation Enduring Freedom and Operation Iraqi Freedom from 10 February to 6 July 2003.  The memorandum also shows the applicant’s unit commander stated that he was approved for award of the Shoulder Sleeve Insignia, the Global War on Terrorism Expeditionary Medal, and one Overseas Service Bar.

4.  The applicant was honorably released from active duty on 30 November 2003 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He was issued a DD Form 214 that shows in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the following awards:  the Army Commendation Medal, the Army Achievement Medal (2nd Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal (2nd Award); the Army Service Ribbon; and the Driver and Mechanic Badge with Driver-W Bar.

5.  A review of the applicant's record indicates entitlement to an additional award that is not shown on his DD Form 214.

6.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.   


7.  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. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 consecutive or 60 nonconsecutive day requirement. 

Service members may be awarded both the GWOTEM and the Global War on Terrorism Service Medal (GWOTSM) 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. 
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. 

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, 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. 

 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.

9.  Army Regulation 670-1, in pertinent part, also governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that one Overseas Service Bar is authorized for each 6-month period of Federal service as a member of the US service participating in Operation Enduring Freedom from 19 September 2001 to a date to be determined.  The months of arrival in and departure from the areas of operations are counted as whole months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant participated in support of Operation Enduring Freedom and Operation Iraqi Freedom with deployments in Kuwait and Iraq during the period 10 February 2003 to 6 July 2003.  He is therefore entitled to award of the Global War on Terrorism Expeditionary Medal and to have this award added to his DD Form 214.

2.  The evidence of record shows the applicant participated in the Global War on Terrorism (GWOT) operations during a qualifying period outside of the designated AOE.  He is therefore entitled to award of the Global War on Terrorism Service Medal and to have this award added to his DD Form 214. 

3.  The evidence of record also shows the applicant was approved for award of the Shoulder Sleeve Insignia.  However, in accordance with regulatory guidance, there are no provisions for entering the shoulder sleeve insignia for former wartime service on an individual’s DD Form 214.  He is therefore not entitled to have this award shown on his DD Form 214.

4.  The evidence of record shows the applicant served in support of Operation Enduring Freedom from 10 February to 6 July 2003, a period of 4 months and 26 days.  In accordance with regulatory guidance, one Overseas Service Bar is authorized for each 6-month period of service.  As the applicant’s service was less than the required 6 months; he is therefore also not entitled to award of one Overseas Service Bar and have this award shown on his DD Form 214.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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, and by providing him a corrected separation document that includes these awards.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of one Overseas Service Bar and its addition to his DD Form 214 and the addition of the Shoulder Sleeve Insignia to his DD Form 214.



      _________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)                                         AR20080011540



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ABCMR Record of Proceedings (cont)                                         AR20080011540


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