IN THE CASE OF:	  

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090014842 


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 service in the Global War on Terrorism (GWOT) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty), and that he be awarded the Global War on Terrorism Service Medal (GWOTSM) and the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states he was issued the above awards; however, they are not reflected on his DD Form 214.

3.  The applicant provides his DD Form 214 and two memoranda, both dated 14 August 2006, which show the applicant is entitled to the GWOTSM and the GWOTEM for his service in Uzbekistan as part of Operation Enduring Freedom from 1 November 2001 to 17 April 2003.

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 records show he was ordered to active duty as a Guardsman in the rank of Chief Warrant Officer 4 (CW4) on 1 November 2001.  

3.  The applicant was honorably released from active duty and returned to his Army National Guard unit on 17 April 2003.

4.  In the processing of this case the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay from 
1 January through 30 April 2002, but no country was listed.

5.  Headquarters, U.S. Army Human Resources Command (HRC) message, dated 17 March 2004, announced implementing instructions for the GWOTEM and the GWOTSM.  In pertinent part, the message states that these medals will be awarded to recognize all members of the armed forces of the United States serving in support of the Global War on Terrorism operations, on or after 11 September 2001 to date to be determined. 

6.  Initial award of the GWOTEM is limited to Soldiers deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following Department of Defense designated specific geographic areas of eligibility: Afghanistan, Bahrain, Bulgaria (Bourgas), Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Iran, Iraq, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Pakistan, Philippines, Qatar, Romania (Constantan), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey (east of 35 degrees east latitude) Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of 10 degrees north latitude and west of 68 degrees longitude, Bab El Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of Suez, that portion of the Mediterranean Sea east of 28 degrees east longitude, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  To be eligible for the GWOTEM a Soldier must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days.





7.  Award of the GWOTSM is authorized to Soldiers who have participated in or served in support of Global War on Terrorism operations outside of the designated area of operations as outlined in paragraph five above.  Initial award of the GWOTSM will be limited to airport security operations (from 27 September 2001 through 31 May 2002) and Soldiers who supported Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom.  As with the GWOTEM, a Soldier must have served 30 consecutive or 60 nonconsecutive days.  

8.  Soldiers may receive both the GWOTEM and the GWOTSM if they meet the requirements of both awards.  However, the same period of service establishing eligibility for one cannot be used to justify service eligibility for the other.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  It is evident that the applicant served sufficient time in a qualifying location to qualify for both the GWOTSM and GWOTEM.  The memoranda provided the applicant provided confirms entitlement to these awards. 

2.  Since the applicant was deployed to Uzbekistan, he is entitled to have that deployment listed on his DD Form 214.

3.  As such, it would now be appropriate to correct the applicant's DD Form 214 by adding the above awards and his deployment period.

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 the DD Form 214 of the individual concerned be corrected by:

* Adding to Item 18 "SERVICE IN UZBEKISTAN FROM 20020101 through 20020430"
* Adding to Item 13 the GWOTSM and 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)                                         AR20090014842



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ABCMR Record of Proceedings (cont)                                         AR20090014842



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