IN THE CASE OF:	

		BOARD DATE:	16 June 2009    

		DOCKET NUMBER:  AR20090003858 


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 award of the Armed Forces Expeditionary Medal and a Global War on Terrorism Medal.

2.  The applicant states, in effect, that he was discharged prior to receiving these medals. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release from Active Duty) with a separation effective date of 5 April 2004.

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 personnel record shows that he enlisted in the U.S. Army Reserve (USAR) on 30 June 1997 for a 6-year contractual obligation to serve as an assigned member of a troop program unit and 2-years in the Individual Ready Reserve.  The applicant enlisted for military occupational specialty (MOS) 55B (Ammunition Specialist) in the 811th Ordnance Company. 

3.  On 16 September 1997, the applicant entered active for training.  He successfully completed basic and advanced individual training and was awarded MOS 55B.  On 23 February 1998, he was honorably released from active duty training and was transferred back to his USAR unit. 

4.  Records show that on 21 January 2001, the applicant was reassigned in the Army Reserve to Detachment 2, 811th Ordnance Company located in Dublin, Virginia.

5.  On 7 February 2003, the applicant was ordered to active duty in support of Operations ENDURING FREEDOM and IRAQI FREEDOM.  He served in Southwest Asia in an imminent danger pay area from 23 March 2003 to
23 February 2004.

6.  On 5 April 2004, the applicant was honorably released from active duty due to completion of required service.  The applicant was issued a DD Form 214 that shows that he received foreign service credit for 11 months and 1 day.

7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Armed Forces Expeditionary Medal or any Global War on Terrorism Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  This award will be awarded only for operations for which no other U.S. campaign medal is approved.  However, this does not prevent award eligibility for subsequent on-going operations if the associated campaign medal has been terminated.  No individual will be eligible for both the Armed Forces 
Expeditionary Medal and a campaign medal awarded during a single tour in the designated operational area.  The designated military operations and dates of eligibility for this award are further specified in Army Regulation 600-8-22.  

9.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal 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 Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Soldiers must be assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of operations.  Soldiers who served in Operations ENDURING FREEDOM and IRAQI FREEDOM are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal 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 eligibility for the Global War on Terrorism Expeditionary Medal, on or after 11 September 2001 to a future date to be determined.  Soldiers 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 Global War on Terrorism Service Medal was limited to airport security operations from 27 September 2001 through 31 May 2002 and Soldiers who supported Operations ENDURING FREEDOM and IRAQI FREEDOM.  

	b.  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 Global War on Terrorism Service Medal. 

	c.  Soldiers may be awarded both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal 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 Global War on Terrorism Service Medal may be authorized to any individual; therefore, second and subsequent awards will not be awarded.
12.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

13.  A Frequently Asked Questions document from the U.S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to have his records corrected to show award of the Armed Forces Expeditionary Medal and a Global War on Terrorism Medal.  

2.  Evidence of record shows that the applicant served in Southwest Asia in an imminent danger pay area for a period of service greater than 30 consecutive days prior to 30 April 2005.  Therefore, the applicant is entitled to award of the Global War on Terrorism Expeditionary Medal.

3.  Regulatory guidance specifically states that a Soldier is not entitled to the Armed Forces Expeditionary Medal and a campaign medal if a U.S. campaign medal is awarded for a specific operation.  The Global War on Terrorism Expeditionary Medal is one of the designated U.S campaign medals for Operations ENDURING FREEDOM and IRAQI FREEDOM.  Therefore, the applicant is not entitled to have his records corrected to show award of the Armed Forces Expeditionary Medal.

4.  Evidence of record shows the applicant was a member of the USAR, mobilized to active duty, for more than 30 days and served 30 consecutive days in support of the Global War on Terrorism.  Therefore, the applicant is entitled to award of the Global War on Terrorism Service Medal.

5.  With respect to the Overseas Service Ribbon, the evidence of record shows the applicant completed 11 months and 1 day of foreign/overseas service.  He served the minimum time required in Iraq in a temporary change of station/tour of duty status and was credited with a complete short tour.  Therefore, he met the criteria for award of the Overseas Service Ribbon and he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of the applicant's DD Form 214 for the period ending 5 April 2004 the Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and the Overseas Service Ribbon.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Armed Forces Expeditionary Medal.



      __________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)                                         AR20090003858



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ABCMR Record of Proceedings (cont)                                         AR20090003858



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