IN THE CASE OF:	  


		BOARD DATE:	11August 2009  

		DOCKET NUMBER:  AR20090003371 


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 all of his authorized awards including the Global War on Terrorism Service Medal (GWOTSM), Global War on Terrorism Expeditionary Medal (GWOTEM) with bronze arrowhead device, Afghanistan Campaign  Medal, and Valorous Unit Award be added to his official records.

2.  The applicant states he is considering returning to the military after he finishes law school and believes all of his authorized awards should be shown in his record.  He also states that he has legally changed his name, but he does not request that it be changed on his Army records.

3.  The applicant provides, in support of his request, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a memorandum approving award of the Valorous Unit Award, a 1 April 2004 memorandum requesting assault landing credit, permanent orders approving assault landing credit, a certificate of achievement, and documents showing his name change.

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 and entered active duty on 17 April 2000; he completed training as an infantryman.  He spent his entire enlistment with the 10th Mountain Division (Light Infantry) and advanced to specialist, pay grade E-4.

3.  He was separated from active duty with an honorable characterization of service, on 16 April 2004, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

4.  On 12 January 2004, Permanent Orders 012-02, 10th Mountain Division (Light Infantry), Fort Drum, New York, awarded the applicant the Army Commendation Medal for his meritorious service with Company C, 4th Battalion, 31st Infantry, 10th Mountain Division (Light Infantry), for the period 16 April 2000 through 16 April 2004.

5.  Block 13 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his authorized awards as the Army Commendation Medal (2nd Award), Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars, the Combat Infantryman Badge, and the Army Lapel Button.

6.  Block 18 (Remarks) of the DD Form 214 shows he served in Uzbekistan/Afghanistan from 20 December 2001 through 10 April 2002 and in Djibouti/Ethiopia/ Kenya from 30 April 2003 through 19 November 2003.

7.  The only evidence of any awards in the applicant's available interactive Personnel Electronic Records Management System record is 12 January 2004 orders for the Army Commendation Medal and 24 January 2004 orders for the Army Good Conduct Medal.

8.  The documentation submitted by the applicant includes the following:

	a.  Army Human Resources Command, AHRC-PDO-PA, memorandum, dated 2 October 2003, awarded the Valorous Unit Award to Company C, 4th Battalion, 31st Infantry Regiment, and other units;

	b.  Army Human Resources Command, AHRC-PDO-PA, memorandum, dated 1 April 2004, awarded assault landing credit and authorized the bronze arrowhead device for wear on the GWOTEM by Company C, 4th Battalion, 31st Infantry Regiment, and other units;

	c.  Army Human Resources Command, Alexandria, Virginia, Permanent Orders 092-32, dated 1 April 2004, made permanent the above bronze arrowhead device for wear on the GWOTEM for participation in a 2 March 2002 helicopter assault landing into enemy held territory in the Shahi Khowt Valley, Afghanistan; and

	d.  a certificate of meritorious service in Djibouti, Africa, awarded to the applicant by the Commander, 4th Battalion, 31st Infantry Regiment.

9.  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 Operations on or after 11 September 2001 to a date to be determined.  The following additional provisions apply.

	a.  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.

	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 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 Operation Enduring Freedom (OEF) and/or Operation Iraqi Freedom (OIF) 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 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 OEF and OIF in the following designated specific geographic AOE:  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, Yemen, 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.  The regulation also provides that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of AOE 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 their 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 Operation Noble Eagle, OEF, and OIF; 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 nonconsecutive 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.  The Afghanistan Campaign Medal is awarded to Soldiers who served in or in direct support of OEF.  The AOE 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 OEF.  The applicant participated in the Consolidation I (1 December 2001 – 30 September 2006) campaign.

12.  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.

13.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  Therefore, post-service changes to personal data such as name and date of birth will not be incorporated directly into service record documents.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he is considering returning to the military after he finishes law school and believes all of his authorized awards should be shown in his record.  He also states that he has legally changed his name, but he does not request that it be changed on his Army records.

2.  The applicant's unit was awarded the Valorous Unit Award for service in Afghanistan from 2 March 2002 through 29 March 2002.

3.  He was authorized a bronze arrowhead device for wear on the GWOTEM for an assault landing in the Shahi Khowt Valley, Afghanistan, on 2 March 2002.

4.  His DD Form 214 shows he served in Afghanistan from 20 December 2001 through 10 April 2002 and is eligible for award of the GWOTEM.  He can, upon request, be authorized the Afghanistan Campaign Medal in lieu of the GWOTEM. Since he has made that request, the Afghanistan Campaign Medal, with one bronze service star, should be awarded.  He should be authorized to wear the previously-awarded bronze arrowhead device on the Afghanistan Campaign Medal vice the GWOTEM since the former did not exist at the time the bronze arrowhead device was awarded.

5.  The applicant's DD Form 214 also shows he served in Djibouti/Ethiopia/Kenya from 30 April 2003 through 19 November 2003.  This is a consecutive period of more than 30 days which is qualifying for award of the GWOTEM.  He should be authorized that award.

6.  He is entitled to award of the GWOTSM by virtue of his service on active duty after 11 September 2001 for a period of 30 consecutive days.

7.  The above awards should be added to his DD Form 214.

8.  The applicant submitted documents indicating that he legally changed his name on 11 March 2004.  His record documents will not be changed, but those name change documents should be entered into official records to preclude any misunderstanding.


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.  showing that in addition to the awards already shown on his 16 April 2004 DD Form 214 he is authorized the Afghanistan Campaign Medal with bronze arrowhead device and one bronze service star , GWOTEM, GWOTSM, and the Valorous Unit Award; and

	b.  by entering the name change documents into his official records.




      ___________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)                                         AR20090003371



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