IN THE CASE OF:	  

		BOARD DATE:	       13 January 2009

		DOCKET NUMBER:  AR20080014738 


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 his deployment dates for Operation Iraqi Freedom and his Global War on Terrorism (GWOT) medals be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that the computers were down when he returned from deployment before the main body of his unit.

3.  The applicant provides copies of unit orders to and from the Central Command area of operations with an accompanying personnel list; a Post Deployment Health Assessment (DD Form 2796); a Leave and Earnings Statement (LES), dated March 2003; a Personnel Action (DA Form 4187) approving his early return to the United States on 15 July 2003; and his DD Form 214.

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 30 September 1999.  As a private first class, he was assigned to the 58th Maintenance Company.

3.  In February 2003 unit orders were received for temporary change of station/ group deployment in support of Operation Enduring Freedom and return.  The effective date was on or about 3 March 2003.  Associated travel orders, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, North Carolina, directed a departure date of 3 March 2003 and provided an expected return date of 3 November 2003.  The applicant's name is included on page 1 of 3 of the attached personnel list.

4.  On 20 December 2003, he was separated from active duty with an honorable characterization of service due to the completion of his required active service.  He was transferred to the United States Army Reserve Control Group (Reinforcement) in pay grade E-3.  He had served 4 years, 21 months, and 21 days.

5.  His DD Form 214 shows his awards as the National Defense Service Medal, Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The record contains no evidence of any disciplinary actions and no indications that he was disqualified for award of the Good Conduct Medal.

7.  The applicant's LES for March 2003 shows that he was authorized hostile fire pay starting 1 March 2003.

8.  The applicant's Post Deployment Health Assessment shows he arrived in the theater of operations on 4 March 2003 and departed there on 17 July 2003.

9.  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 GWOT operations on or after 11 September 2001 to a date to be determined.  The following additional considerations also apply:

	a.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the 50 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.

	b.  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.

	c.  Service members must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 non-consecutive 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.

	d.  The GWOTEM may be awarded posthumously.  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.

	e.  Battle stars (bronze service stars) may be applicable for service members who were engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action.  Only the combatant commander can initiate a request for a battle star.  The request will contain the specific unit(s) or individual(s) engaged in actual combat, the duration for which actual combat was sustained, and a detailed description of the actions against the enemy.  The Chairman, Joint Chiefs of Staff, is the approving authority for battle stars.

	f.  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 AOEs:  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 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 AOEs, on or after 11 September 2001 to a future date to be determined.  The following provisions also apply:

	a.  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.

	b.  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 non-consecutive days are authorized the GWOTSM.

	c.  The GWOTSM may be awarded posthumously.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of active Federal military service.  Denial requires the commander’s disqualifying comments.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was deployed to Iraq from 
4 March 2003 to 17 July 2003.  Therefore, block 18 of his DD Form 214 should be corrected to reflect this overseas service.

2.  The applicant is authorized the GWOTEM.  It should be shown on his DD Form 214.

3.  The applicant is authorized the GWOTSM.  It should be shown on his DD Form 214.

4.  The evidence of record shows that the applicant served a qualifying period for the first award of the Army Good Conduct Medal.  His records do not contain any evidence of disciplinary actions.  Furthermore, there is no evidence showing that his commander took any action to deny him this award.  Therefore, he should be awarded the Army Good Conduct Medal and it should be shown on his DD Form 214.


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 Army Good Conduct Medal for the period 30 September 1999 through 29 September 2002;

	b.  showing that, in addition to the awards already listed on his DD Form 214, that his awarded or authorized awards include the Army Good Conduct Medal, Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal; and

   c.  adding "SERVICE IN IRAQ FROM 20000304 - 20030717" in block 18 of 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)                                         AR20080014738



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ABCMR Record of Proceedings (cont)                                         AR20080014738



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