IN THE CASE OF:
BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090010334
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 2002 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Global War on Terrorism Expeditionary Medal (GWOTEM) and the Global War on Terrorism Service Medal (GWOTSM).
2. The applicant states both medals were approved by the White House in 2002 while he was in Kuwait. He states he fulfilled his contract in July 2007 but never received an updated DD Form 214 with his tour dates.
3. The applicant provides a copy of his 2002 DD Form 214 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Records available to the Board indicate the applicant entered military service as a member of the Puerto Rico Army National Guard in 1994. On
13 May 2002, while a member of the Army National Guard, he was ordered to active duty with his unit in support of Operation Desert Spring. He served in Kuwait in support of Operation Desert Spring between June and October 2002.
3. Operation Desert Spring was part of an operation in Kuwait by the United States following Operation Desert Storm and Operation Desert Shield between December 1998 and March 2003. Army Regulation 600-8-22 (Military Awards) notes that individuals deployed in support of Operation Desert Spring were entitled to the Armed Forces Expeditionary Medal.
4. On 4 November 2002, the applicant was released from active duty and returned to his parent unit in Puerto Rico. His DD Form 214 reflects entitlement to the Armed Forces Expeditionary Medal.
5. The applicant continued to serve as a member of the Army National Guard until 11 July 2004 when he was discharged for the purpose of enlisting in the United States Army Reserve. The applicant enlisted in the United States Army Reserve for a period of 3 years on 12 July 2004. He was discharged on 11 July 2007.
6. Army Regulation 600-8-22 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. It notes the award is limited to servicemembers deployed abroad in Operations Enduring Freedom and Iraqi Freedom.
7. Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to 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.
DISCUSSION AND CONCLUSIONS:
1. While the evidence confirms the applicant was deployed to Southwest Asia his deployment was in support of Operation Desert Spring. As such, he is not entitled to award of the GWOTEM.
2. The applicant is, however, entitled to award of the GWOTSM.
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 the GWOTSM to his DD Form 214.
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 entitlement to the GWOTEM.
_______ _ _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) AR20090010334
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ABCMR Record of Proceedings (cont) AR20090010334
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