BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090013297 


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 the Global War on Terrorism Service and Expeditionary Medals.

2.  The applicant states that both medals were created after his release from active duty.

3.  The applicant provides a copy of his DD Form 214, dated 21 October 2002; a copy of Orders 01-290-024, issued by Headquarters, 77th Regional Support Command (RSC), Fort Totten, NY, on 17 October 2001; and a copy of an All Army Activity (ALARACT) Message, dated 17 March 2004. Subject: Global War on Terrorism Expeditionary and Service Medals-Implementation Instructions, 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 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 records show he was appointed as a U.S. Army Reserve (USAR) commissioned officer and executed an oath of office on 21 May 1988.  He subsequently completed several training courses, served in various staff and leadership positions, and was promoted to major.

3.  On 22 October 2001, the applicant was ordered to active duty in support of Operations Noble Eagle and Enduring Freedom.  His DD Form 214 shows he subsequently served in the Netherlands from 12 January to 18 January 2002; Bahrain from 18 January to 1 February 2002, 19 April to 28 April 2002, 8 July    to 16 July 2002, and 7 September to 13 September 2002; Saudi Arabia from       1 February to 11 April 2002 and 16 July to 7 September 2002; and Kuwait     from 11 April to 19 April 2002.  He was honorably released from active duty on 21 October 2002 to the control of his USAR unit.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Commendation Medal (2nd Award), the Joint Service Achievement Medal, the Army Achievement Medal (3rd Award), the Army Reserve Components Achievement Medal (4th Award), the National Defense Service Medal (2nd Award), the Armed Forces Expeditionary Medal, the Southwest Asia Service Medal, the Armed Forces Reserve Medal with silver hourglass and "M" Device (2nd Award), the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, the Army Reserve Components Overseas Training Ribbon, and the Parachutist Badge. 

5.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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 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.  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 Global War on Terrorism Expeditionary Medal.  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)  Engage 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)  Participate as a regularly assigned air crew member flying sorties into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom are eligible to qualify for award of the Global War on Terrorism Expeditionary Medal. 

	b.  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 AOE, on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  The Global War on Terrorism Service Medal may be awarded posthumously.  Service members may be awarded both the Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service 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 the Global War on Terrorism Service Medal may be authorized to any individual; therefore, second and subsequent awards will not be awarded.  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 Global War on Terrorism Service Medal is limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraq Freedom, 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 Global War on Terrorism Service Medal. 
DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was ordered to active duty as a member of his USAR unit in support of Operations Noble Eagle and Enduring Freedom.  He subsequently served in multiple locations while assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE.  Therefore, he met the criteria for awards of the Global War on Terrorism Service and Expeditionary Medals and he should be entitled to correction of his records to show both awards.

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 Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service 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)                                         AR20090013297



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ABCMR Record of Proceedings (cont)                                         AR20090013297



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