DOCKET NUMBER:  AR20090002485 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Global War On Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states that he was deployed to Afghanistan from 14 January to 19 April 2004.

3.  The applicant provides mobilization and demobilization documents which include a DD Form 2796 (Post Deployment Health Assessment) which shows that he arrived in Afghanistan on 14 January 2004 and departed Afghanistan on 19 April 2004.  He also provides orders awarding him the Combat Infantryman Badge (CIB) for the period 26 February to 1 March 2004 while he was assigned to Task Force Warrior in Kandahar, Afghanistan.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular Army on 14 June 2001.  He completed initial entry training and was awarded military occupational specialty 11B (Infantryman).  He served an overseas tour in Germany from 6 November 2001 through 15 November 2003, and then was reassigned to Fort Drum, New York.  

2.  The applicant provided a DD Form 2796 that show he arrived in Afghanistan on 14 January 2004 and departed on 19 April 2004.

3.  The applicant deployed to Iraq from 12 August 2005 to 1 August 2006.  On  16 November 2006, he was honorably released from active duty.  The DD Form 214 that he was issued at the time of his release from active duty essentially shows that he was awarded the Army Achievement Medal with First Oak Leaf Cluster, the Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Kosovo Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, the NATO Medal, the Combat Infantryman Badge, and the Driver and Mechanic Badge with Mechanic Bar.

4.  Item 18 (Remarks) of his DD Form 214 reflects only his Iraq deployment.  Item 12f (Foreign Service) shows he completed 2 years and 10 days of foreign service.

5.  On 27 November 2007, the Board corrected the applicant's records to show the award of the Army Commendation Medal with First Oak Leaf Cluster and two overseas service bars, awarding him the Iraq Campaign Medal, and showing the Driver and Mechanic Badge with Driver-W Bar.  When this correction was accomplished by the publication of a DD Form 215, the applicant was also credited with 2 bronze service stars for his Iraq Campaign Medal.

6.  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 Global War on Terrorism 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.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  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.  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:  

   (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. 

7.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation currently in effect states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The documents provided by the applicant show conclusively that he served in Afghanistan from 14 January to 19 April 2004.  As such, he is entitled to have the GWOTEM added to his DD Form 214.

2.  Item 12f of the applicant's DD Form 214 shows only his foreign service in Germany.  It should be corrected to show all of his foreign service (3 years,         3 months, and 6 days).

3.  Item 18 of the applicant's DD Form 214 shows only his deployment to Iraq.     It should be amended to add the entry, "Service in Afghanistan 20040114 - 20040419."   

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 the DD Form 214 of the individual concerned be corrected by adding the GWOTEM; by amending item 12f to show he completed 3 years, 3 months, and 6 days of foreign service; and by amending item 18 to add the entry, "Service in Afghanistan 20040114 - 20040419.".




      _______ _   _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)                                         AR20090002485





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