IN THE CASE OF:  

		BOARD DATE:	  12 November 2008

		DOCKET NUMBER:  AR20080013134 


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 the Global War on Terrorism Expeditionary Medal (GWOTEM) and other awards to which he is entitled be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he was in Turkey in support of Operation Enduring Freedom, then he was switched to support of Operation Iraqi Freedom.  He was informed that the GWOTEM was authorized for his unit.

3.  The applicant provides a copy of his DD Form 214, his Enlisted Record Brief, and his DA Form 2-1 (Personnel Qualification Record - Part II).

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 25 January 2000.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty 88N (traffic management coordinator).  His highest grade attained was specialist.

3.  Item 5 (Oversea Service) on his Personnel Qualification Record shows he served in Italy from 6 November 2001 through 5 November 2003.

4.  Section IX (Assignment History) on his Enlisted Record Brief shows he served in Incirlik, Turkey, (probably on temporary duty (TDY)) from 10 February 2003 to 25 March 2003.

5.  The applicant was released from active duty on 26 October 2003.  He completed 3 years, 9 months, and 2 days of active military service.

6.  His DD Form 214 shows the Army Commendation Medal, the Army Achievement Medal (2d Award), the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the North Atlantic Treaty Organization (NATO) Medal as authorized awards.

7.  Item 12f (Foreign Service) on his DD Form 214 shows 1 year, 11 months, and 21 days of foreign service.  His DD Form 214 does not show foreign service in Turkey in support of Operation Enduring Freedom or Operation Iraqi Freedom in item 18 (Remarks).

8.  In a 22 October 2008 email, the Defense Finance and Accounting Service (DFAS) informed a staff member of the ABCMR that there was no record that the applicant received imminent danger pay (IDP) for service in Southwest Asia.

9.  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 (GWOT) 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.

10.  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 GWOT operations outside of the designated AOE on or after 11 September 2001 to a future date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record shows he served in Italy and completed 1 year, 11 months, and 21 days of foreign service.

2.  The evidence of record shows that the applicant served in Incirlik, Turkey, during the period 10 February 2003 to 25 March 2003.  However, there is no evidence of record available which indicates the applicant served in military operations in support of Operation Enduring Freedom or Operation Iraqi Freedom while in Turkey and his military pay records do not show he received IDP for service in Turkey.

3.  Therefore, there is insufficient evidence on which to base correction of the applicant's records to show award of the GWOTEM or other awards for service in support of Operation Enduring Freedom or Operation Iraqi Freedom.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  _____X___  ____X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20080013134





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ABCMR Record of Proceedings (cont)                                         AR20080013134



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