IN THE CASE OF:	  

		BOARD DATE:	  12 March 2009

		DOCKET NUMBER:  AR20080016082 


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, award of the Army Good Conduct Medal (AGCM), Global War on Terrorism Expeditionary Medal (GWOTEM), and the Global War on Terrorism Service Medal (GWOTSM).

2.  The applicant states, in effect, that he completed 3 years of honorable service and that he served in Kuwait after 11 September 2001 in support of Operation Enduring Freedom.

3.  The applicant provides the following documents in support of his application:  DD Form 214 (Certificate of Release or Discharge from Active Duty); DD Form 215 (Correction to DD Form 214); two Certificates of Achievement; and two DA Forms 638 (Recommendation for Award).

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 record shows he enlisted in the Regular Army (RA) and entered active duty on 11 August 1999.  He was trained in, awarded, and served in military occupational specialty (MOS) 12B (Combat Engineer).

3.  The applicant’s Official Military Personnel File (OMPF) is void of any derogatory information or of a unit commander disqualification that would have precluded him from receiving the AGCM.    

4.  On 10 August 2002, the applicant was honorably released from active duty by reason of completion of required active service.  The DD Form 214 issued to him at that time shows he completed 3 years of active military service.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards:  Army Lapel Button, National Defense Service Medal; Army Service Ribbon; Expert Marksmanship Qualification Badge with Grenade Bar; Marksman Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with Driver T Bar.

6.  The applicant provides a DD Form 215, dated 4 November 2003.  It shows the following Items on his DD Form 214 were corrected to show the entries indicated:  Item 12f (Foreign Service) “0000 05 00”; Item 13 “Army Commendation Medal and Army Achievement Medal (2nd Award)”; Item 14 (Military Education) “Combat Lifesaver Course, 1 week, 2000”; and Item 18 (Remarks) “Service in Kuwait from 20011101 to 20020331.”

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-18 contains guidance on the GWOTEM.  It states that this award is authorized to members 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. Service in support of Operation Enduring Freedom in Kuwait and Iraq is included in the list of authorized Areas of Eligibility (AOE).

8.  Paragraph 2-19 of the awards regulation contains guidance on award of the GWOTSM.  It states, in pertinent part, that the GWOTSM is authorized for members who have participated in GWOT operations outside of the designated AOEs for the GWOTEM on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers 

mobilized, or National Guard Soldiers activated during the qualifying period having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM.

9.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years and that a clasp is authorized for wear on the AGCM to denote a second or subsequent award.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he should have received the AGCM, GWOTEM, and GWOTSM were carefully considered and found to have merit.  

2.  The available evidence confirms the applicant honorably served on active duty for 3 years from 11 August 1999 to 10 August 2002.   Therefore, absent any evidence of derogatory information or of a unit commander disqualification that would have precluded him from receiving the AGCM, it would be appropriate and serve the interest of justice and equity to award him the AGCM and to add this award to his record and separation document at this time.

3.  The available evidence confirms the applicant served on active duty from
11 August 1999 to 10 August 2002, during which time he completed 5 months of foreign service in Kuwait.  The remaining 2 years and 7 months were completed outside of an authorized GWOTEM AOE.  Therefore, he is entitled to both the GWOTEM and GWOTSM, and it would be appropriate to add these awards to his record and separation document at this time.

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 AGCM for his qualifying period of honorable service from 11 August 1999 to 10 August 2002; 

   b.  adding the AGCM, GWOTEM, and GWOTSM to Item 13 of his DD Form 214; and 

   c.  providing him a correction to his separation document that includes these awards.




      _______ _ 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)                                         AR20080016082



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ABCMR Record of Proceedings (cont)                                         AR20080016082



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