IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080013618 


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) for the period ending 30 November 2003 to show awards authorized for participation in support of Operation Enduring Freedom and Operation Iraqi Freedom.

2.  The applicant states that the medals were not released until after his discharge date.  

3.  The applicant provides a copy of his DD Form 214 for the period ending 30 November 2003.

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.  After having had prior active and inactive service, the applicant enlisted in the Regular Army on 19 October 2000.  At the completion of the required training, he was awarded military occupational specialty 11B (infantryman).  His highest grade attained was specialist, E-4.

3.  Item 18 (Remarks) on his DD Form 214 for the period ending 30 November 2003 shows he served in Afghanistan from 25 December 2001 through 27 June 2002 and he served in Kuwait/Iraq from 1 March 2003 through 12 April 2003.

4.  The applicant was released from active duty on 30 November 2003.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show any service or campaign medals for service in Afghanistan.

6.  In a 21 November 2008 letter to the applicant, the Board analyst informed him that he had to decide whether to receive the Afghanistan Campaign Medal or the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal (GWOTEM) for his service in Afghanistan/Iraq.  However, he did not respond within the allotted timeframe.

7.  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.

8.  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 areas of eligibility (AOE), on or after 11 September 2001 to a future date to be determined.

9.  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.  Service members qualified for the GWOTEM 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 GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  A bronze service star is authorized for the Liberation of Afghanistan (11 Sep 2001 – 30 Nov 2001); Consolidation I (1 Dec 2001 – 30 Sep 2006; and Consolidation II (1 Oct 2006 – Date To Be Determined).

10.  Army Regulation 600-8-22 states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  Service members qualified for the GWOTEM by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement or period of service.  A bronze service star is authorized for the Liberation of Iraq (19 March 2003 to 1 May 2003); the Transition of Iraq (2 May 2003 to 28 June 2004); the Iraqi Governance (29 June 2004 to 15 December 2005); and the National Resolution (16 December 2005 to a date to be determined).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service in support of Operation Enduring Freedom and Operation Iraqi Freedom for award of the GWOTEM, the GWOTSM, the Afghanistan Campaign Medal with one bronze service star, and the Iraq Campaign Medal with one bronze service star.

2.  The applicant did not provide his preference for award of the Afghanistan Campaign Medal or the Iraqi Campaign Medal in lieu of the GWOTEM.  Therefore, as the campaign medals are normally considered higher awards than the GWOTEM, his DD Form 214 for the period ending 30 November 2003 should be amended to reflect the Afghanistan Campaign Medal with one bronze service star, the Iraq Campaign Medal with one bronze service star, and the GWOTSM.



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 amending his DD Form 214 for the period ending 30 November 2003 to add award of the Afghanistan Campaign Medal with one bronze service star, the Iraq Campaign Medal with one bronze service star, and the GWOTSM.



      _________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)                                         AR20080013618





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ABCMR Record of Proceedings (cont)                                         AR20080013618



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