IN THE CASE OF:	  

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090012485 


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 Global War on Terrorism Service Medal and the Afghanistan Campaign Medal and that they be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the Global War on Terrorism Service Medal and the Afghanistan Campaign Medal were not approved until after he had been medically evacuated from the region (Afghanistan) due to a severe neck injury.  He served during the period both awards were authorized.

3.  The applicant provides copies of his DD Form 214 and his deployment orders for Operation Enduring Freedom. 

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, with seven years prior service in the Army National Guard, enlisted in the Regular Army on 16 November 2000.  

3.  Headquarters, 101st Airborne Division and Fort Campbell, Kentucky Orders 002-722, dated 2 January 2002, reassigned and deployed the applicant's unit to the Middle East in support of Operation Enduring Freedom.  The attached unit roster includes the applicant's name.

4.  A review of the applicant's pay records, by the Defense Financial and Accounting Service (DFAS), shows the applicant received hostile fire/imminent danger pay from 9 January 2002 through 2 March 2002 for Qatar.

5.  The applicant served on active duty until 20 June 2003, when he was honorably discharged with severance pay due to a physical disability.  The disability processing documents are not of record and there is no documentation of the applicant's awards and decorations other than those listed on his DA Form 2-1 (Personnel Qualification Record) and the DD Form 214. 

6.  The DD Form 214 shows the applicant's awards as the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officers Professional Development Ribbon, and the Army Service Ribbon.

7.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  the Global War on Terrorism Service Medal (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 eligibility, on or after 11 September 2001 to a future date to be determined. 

	b.  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.  Award of the GWOTEM is limited to service members deployed abroad in Operations ENDURING FREEDOM and IRAQI FREEDOM in the following designated specific geographic areas of eligibility including but not limited to Afghanistan and Qatar, and 


	c.  individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation ENDURING FREEDOM in the land area of the country of Afghanistan or air spaces above.  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.  No service member shall be entitled to award of both the Afghanistan Campaign Medal and the GWOTEM for the same act, achievement or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the Global War on Terrorism Service Medal and the Afghanistan Campaign Medal were not approved until after he had been medically evacuated from the region (Afghanistan) due to a severe neck injury.  He served during the period both awards were authorized.

2.  The applicant served on active duty during the period for which the Global War on Terrorism Service Medal is authorized.  Therefore, it is appropriate to award him this service medal.

3.  The applicant served during the period for which the Global War on Terrorism Expeditionary Medal and the Afghanistan Campaign Medal were authorized.  In accordance with regulation he would be entitled to only one or the other of these awards but not both for the same period of time or location.  

4.  Because his official military personal file does not contain any information as to his actual deployment location, the information from DFAS is the only source currently available to base a decision on.  

5.  DFAS states that the applicant received hostile fire/imminent danger pay from 9 January 2002 through 2 March 2002 for service in Qatar.  Since documentation of service in Afghanistan is required for award of the Afghanistan Campaign Medal, there is insufficient evidence to show the applicant served in Afghanistan. Therefore, award of the Afghanistan Campaign Medal is not appropriate at this time.

6.  Based on this same evidence he is entitled to award of the Global War on Terrorism Expeditionary Medal.  It is appropriate to award him this medal at this time.  If he can provide evidence to show he actually served in Afghanistan, he may request reconsideration for award of the Afghanistan Campaign Medal with the understanding that the Global War on Terrorism Expeditionary Medal would then be withdrawn.

7.  The applicant's DD Form 214 should be corrected to show these additional awards.

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 awarding the applicant the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal and correcting his DD Form 214 to show these awards.

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 Afghanistan Campaign 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)                                         AR20090012485





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012485



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1