BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090010141 


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 Joint Meritorious Unit Award, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.

2.  The applicant states that at the time of his separation the unit paperwork was not current.

3.  The applicant provides, in support of his application, copies of his DD Form 214, a memorandum from his former commander, and a message announcing the award of the Joint Meritorious Unit 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.  On 27 January 2001, the applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) with concurrent call to active duty.

3.  The applicant was deployed from March to September 2002, as a member of the Headquarters, Coalition Forces Land Component Command, located at Camp Doha, Kuwait.

4.  A message from the U.S. Army Human Resources Command (USAHRC), Alexandria, VA, [date/time group unavailable], announced that the Chairman of the Joint Chiefs of Staff awarded the Joint Meritorious Unit Award to Headquarters, Coalition Forces Land Component Command, Camp Doha, Kuwait for the period from 11 September 2001 to 15 June 2003.

5.  The applicant was deployed to Qatar from February to May 2003.

6.  On 26 January 2004, the applicant was released from active duty and he was transferred to the USAR Control Group (Reinforcement).  He had attained the rank/grade of first lieutenant (1LT)/O-2.  He had completed 3 years of creditable active duty service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Commendation Medal (2nd award), National Defense Service Medal, Armed Forces Expeditionary Medal, Army Service Ribbon, and the Parachutist Badge.  It does not show the Joint Meritorious Unit Award, Global War on Terrorism Service Medal, or the Global War on Terrorism Expeditionary Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Global War on Terrorism Expeditionary Medal for Soldiers who deploy abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility designated, or must meet one of the following criteria: a)  be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the area of eligibility; b) while participating in the designated operation, regardless of time, is killed or 

wounded/injured requiring medical evacuation from the area of eligibility, or c) participate as a regularly assigned air crew member flying sorties for 
30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  Areas of Eligibility for Global War on Terrorism Expeditionary Medal includes Qatar.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Global War on Terrorism Service Medal.  This award is designated for Soldiers who have participated in or served in support of Global War on Terrorism Operations outside of the designated area of eligibility determined for award of the Global War on Terrorism Expeditionary Medal on or after 11 September 2001 to a date to be determined.  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 this award.  

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Joint Meritorious Unit Award, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.

2.  The available evidence shows that the applicant served qualifying periods of service for award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show these two awards.

3.  The available evidence shows that Headquarters, Coalition Forces Land Component Command, Camp Doha, Kuwait was awarded the Joint Meritorious Unit Award during his assignment to that unit.  Therefore, his DD Form 214 should be corrected to show this unit award.






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 adding to item 13 of his DD Form 214 the Joint Meritorious Unit Award, Global War on Terrorism Service Medal, and the Global War on Terrorism 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)                                         AR20090010141



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ABCMR Record of Proceedings (cont)                                         AR20090010141



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