IN THE CASE OF:	  

		BOARD DATE:	        5 February 2009

		DOCKET NUMBER:  AR20080016474 


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 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.

2.  The applicant states that he served in Kuwait in support of Operation Enduring Freedom from 27 January 2002 to 29 July 2002 for a total of 182 days and was honorably discharged prior to the creation of this medal.

3.  The applicant provides a copy of his DD Form 214, dated 28 December 2002, and a copy of discharge orders D-02-306201, issued by the U.S. Army Reserve Personnel Command, St. Louis, Missouri, on 13 February 2003, in support of his request.

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 records show he was appointed as a Reserve commissioned officer on 12 June 1990.  He served in various staff and leadership positions and was promoted to captain on 1 April 1999.

3.  On 7 January 2002, the applicant was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Kuwait from 27 January 2002 to 29 July 2002 (with duty in Qatar, Oman, and Jordan).  He was honorably released from active duty and transferred to his USAR unit on 28 December 2002.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Joint Service Achievement Medal (2nd Award), the Army Achievement Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal (2nd Award), the Army Lapel Button, the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Pistol Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Parachutist Badge.

5.  Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "service in Kuwait from 27 January 2002 to 29 July 2002 (with duty in Qatar, Oman, and Jordan)." 

6.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Expeditionary Medal (GWOTEM) was established by Executive Order 13289, dated 12 March 2003.  It 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.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet one of the following criteria:

	a.  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; or 

	b.  while participating in the designated operation, regardless of time, is killed, wounded or injured requiring medical evacuation from the AOE; or

	c.  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.

7.  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.  Initial award of the GWOTEM is limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated specific geographic AOE that include Jordan, Kuwait, Qatar, and Oman.

8.  Review of the applicant's records indicates his entitlement to an additional award that is not shown on his DD Form 214.

9.  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 AOE, on or after 11 September 2001 to a future date to be determined.  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.  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.  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:

	a.  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/or Iraqi Freedom; or

	b.  all Soldiers on active duty, including USAR mobilized or ARNG Soldiers activated, on or after 11 September  2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant served in Kuwait in support of Operation Enduring Freedom from 27 January 2002 to 29 July 2002 (with duty in Qatar, Oman, and Jordan).  Therefore, he served a qualifying period for award of the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal and is entitled to correction of his records to show these awards.

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 showing award of the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal.


															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)                                         AR20080016474



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ABCMR Record of Proceedings (cont)                                         AR20080016474



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