IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080012507


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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Global War on Terrorism Expeditionary Medal (GWOTEM), the Joint Meritorious Unit Award, and the Armed Forces Reserve Medal with "Bronze Hourglass" Device.

2.  In a letter dated 16 July 2008, the applicant also requests, in effect, his active duty service from 11 May 2004 through 9 May 2005 – a total of 364 days – be extended by 1 day to 10 May 2005. 

3.  The applicant states, in effect, he served on active duty with his New Jersey Army National Guard (NJARNG) unit at Guantanamo Bay, Cuba attached to Joint Task Force (JTF) GTMO, Guantanamo Bay Naval Base, Guantanamo Bay, Cuba. This qualifies him for award of the all of the awards in paragraph 1, above.

4.  The applicant further states, in effect, that he was ordered to active duty for "365 days...unless extended," but he was released after 364 days.  He recently started attending college, an event which prompted him to apply for Reserve Education Assistance Program (REAP) benefits.  He discovered that because he was released 1 day short of a full year, he receives 1/3rd less in REAP payments.

5.  The applicant provides:

	a.  DD Form 214.

	b.  Permanent Orders 163-005, Headquarters, US Army Fort Dix, Fort Dix, NJ, dated 11 June 2004, showing the applicant's NJARNG unit assigned to JTF GTMO, effective 13 June 2004.  The orders direct Outside Continental United States (OCONUS) deployment for "365 days from date of mobilization unless extended."  Attached to the orders is a list of Soldiers assigned to JTF GTMO; the applicant's name appears on the list.

	c.  Memorandum, The Joint Staff, Washington, DC, dated 1 March 2006, announcing award of the Joint Meritorious Unit Award to Headquarters, JTF GTMO, Naval Base, Guantanamo Bay, Cuba, and all assigned/attached units during the period 2 November 2003 to 1 November 2005.

	d.  Three internet documents concerning award of the Global War on Terrorism Expeditionary and Service Medals.

	e.  An internet document – DoD [Department of Defense] Definition of Combat Operations for Title 10 Service Members.  It shows Guantanamo Bay, Cuba as a geographic area authorized award of the GWOTEM.

	f.  A self-authored letter, dated 16 July 2008, concerning REAP benefits.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard of the United States for 8 years on 20 May 1993.  He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman) and assigned to Company C, 2nd Battalion, 113th Infantry Regiment, NJARNG, Woodbridge, NJ.

2.  On 11 May 2004, the applicant was mobilized with his unit.  He was assigned to JTF GTMO, Guantanamo Bay Naval Base, Guantanamo Bay, Cuba and served there from 14 June 2004 through 12 April 2005.  Following deployment, the applicant was returned to Fort Dix, NJ and honorably released from active duty on 9 May 2005. 

3.  The applicant's DD Form 214, in Item 12 (Record of Service), shows that with 9 years, 7 months, and 22 days of prior service, he completed 11 months and 29 days (364 days) of active duty service.  It also shows he was awarded the Army Achievement Medal, National Defense Service Medal (2nd Award), Global War on Terrorism Service Medal, Armed Forces Reserve Medal with "M" Device, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, and the Army Reserve Components Overseas Training Ribbon (2nd Award).

4.  State of New Jersey, Department of Military and Veterans Affairs, Trenton, NJ, dated 27 April 2004, ordered the applicant to active duty as a member of his unit "for the period indicated [not to exceed 365 days] unless sooner released or unless extended."

5.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Global War on Terrorism Expeditionary Medal is authorized to be awarded to Soldiers who deploy abroad for service in Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  Guantanamo Bay, Cuba is listed as an area of eligibility (AOE) for this award.  In the case of Guantanamo Bay, to be eligible for the award a Soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the AOE.

	b.  The Armed Forces Reserve Medal is awarded for mobilization on or after 1 August 1990 to members called to active duty and who served under Title 10, United States Code (USC) (Defense Department) or Title 14 USC (Coast Guard) or who volunteered and served on active duty in support of US operations or contingencies designated by the Secretary of Defense.  The “M” device is worn to indicate mobilization.  Subsequent mobilizations are denoted by the wear of a number to indicate the number of times mobilized.  It is also awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years within a 12-year period.  Denotation of the 10-year award is accomplished by affixing a "Bronze Hourglass" Device.

	c.  The Joint Meritorious Unit Award (JMUA) is a unit award intended to recognize organizations rather than individuals or sub-elements for outstanding heroism or achievement performed during periods of war, international tension, national emergencies, or extraordinary situations that involve national interests.  Eligibility extends to members of the Armed Forces of the United States present at the time who were permanently assigned or attached by official orders to the joint unit receiving the JMUA and who directly participated in the service or achievement for 30 days or more (or for the period cited if less than 30 days).

6.  The Reserve Education Assistance Program (REAP) is a DoD education benefit program designed to provide educational assistance to members of the Reserve components called or ordered to active duty in response to a war or national emergency (contingency operation) as declared by the President or Congress.  REAP was established as a part of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.  The Department of Defense and the Department of Homeland Security determine eligibility for this program and the Department of Veterans Affairs administers the program and pays benefits from funds contributed by DoD.

	a.  The Secretaries of each military service, Department of Defense, and Department of Homeland Security (Coast Guard) determine eligibility and establish the program to provide educational assistance to members of the Reserves of the armed forces who are called to active duty for 90 days or more after 11 September 2001.

	b.  The benefit payable under REAP is a percentage of the Chapter 30 3-year or more enlistment rate ($1,101.00 as of 1 October 2007).  If a member serves 90 days but less than 1 year, he/she will receive 40% of active duty rate.  Service for a period of 1 year, but less than 2 years of active duty will pay 60% of the active duty rate.  New legislation has made 80% of the active duty rate available to any member who was mobilized for at least 2 continuous years of active duty or served multiple mobilizations totaling 3 years or more.  All qualifying mobilization periods beginning on or after 11 September 2001 may be used to determine eligibility for the 80% rate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, the Global War on Terrorism Expeditionary Medal (GWOTEM), the Joint Meritorious Unit Award, and the Armed Forces Reserve Medal with "Bronze Hourglass" Device.  He further requests, in effect, that he be granted 1 more day of active duty service in order to qualify for the higher REAP benefit.

2.  Concerning the GWOTEM and JMUA, the applicant was mobilized and assigned to JFT GTMO, Guantanamo Bay, Cuba for 303 days.  Service at Guantanamo Bay, Cuba qualifies for award of the GWOTEM.  Service with a unit assigned or attached to JTF GTMO during the period 2 November 2003 through 1 November 2005 qualifies for award of the JMUA.  These awards should be added to the applicant's DD Form 214.

3.  Concerning the Bronze Hourglass Device for the Armed Forces Reserve Medal, the requirement for the device is 10 years of Reserve component service within a 12-year period.  The applicant's records show that, as of 9 May 2005, he had served 11 years, 11 months, and 20 days of continuous service in the 

NJARNG.  Therefore, he should have been awarded the Bronze Hourglass Device for wear on his already awarded Armed Forces Reserve Medal with "M" Device.  This should be added to his DD Form 214.

4.  The applicant was ordered to active duty as a member of his unit "for the period indicated [not to exceed 365 days] unless sooner released or unless extended."  These orders were published by the State of New Jersey, department of Military and Veterans Affairs.

5.  The applicant was ordered to OCONUS deployment for "365 days from date of mobilization unless extended...."  These orders were published by Headquarters, US Army Fort Dix.  He performed his active duty service faithfully and well, but the Army separated him on Monday, 9 May 2005, one day shy of a full 365 days.  This act has significance for the applicant's qualification for REAP benefits administered by the Department of Veterans Affairs.  Under the REAP, a veteran participating in a full-time training program would be entitled to receive $660.60 in monthly REAP benefits for service of 365 days.  A veteran who served 364 days of active service would only be entitled to receive $440.40 in monthly REAP benefits.  The applicant did not know until he applied for the REAP that 1 day would cost him $220.20 per month in benefits; however, the Army should have known and should have made the applicant aware of this costly event.  It is inequitable to deny the applicant the increased REAP benefit simply because the Army chose to release him 1 day short of his mobilization orders to active duty for a period not to exceed 365 days; in essence, releasing him on a Monday versus a Tuesday.  In the interest of justice and equity, it would be appropriate to correct the applicant's DD Form 214 to show that he served until 10 May 2005 vice 9 May 2005.

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 Global War on Terrorism Expeditionary Medal, the Joint Meritorious Unit Award, and the Armed Forces Reserve Medal with "Bronze Hourglass" Device;

	b.  deleting the Armed Forces Reserve Medal with "M" Device from his DD Form 214 with effective date of 9 May 2005; 

	c.  adding the Global War on Terrorism Expeditionary Medal, the Joint Meritorious Unit Award, and the Armed Forces Reserve Medal with "M" and "Bronze Hourglass" Devices to his DD Form 214 with the effective date of 9 May 2005; and

	d.  changing Item 12b (Separation Date This Period) from "2005  05  09" to "2005  05  10."

	e.  changing Item 12c (Net Active Service This Period) from "000 11 29" to "0001 00 00."


															XXX
      ______________________
       	   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)                                         AR20080012507



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