BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090019865 


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 Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), Iraq Campaign Medal (ICM), and Afghanistan Campaign Medal (ACM).

2.  The applicant states the executive orders for these awards were established after he was discharged from active duty.

3.  The applicant provides no documentary evidence in support of his application.

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 enlisted in the Regular Army on 9 September 1997, served as a helicopter repairer, and he was honorably released from active duty on
20 December 2003.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the GWOTEM, GWOTSM, ICM, or ACM as authorized awards.

4.  Evidence of record shows the applicant served in Afghanistan during the following periods:

* 7 October 2001 - 11 December 2001
* 12 February 2002 - 28 March 2002
* 21 April 2002 - 7 July 2002
* 3 September 2002 - 20 October 2002
* 31 January 2003 - 4 March 2003
* 26 May 2003 - 3 July 2003

5.  Evidence of record shows the applicant served in Iraq from 5 March 2003 -
27 April 2003.

6.  The applicant's Noncommissioned Officer Evaluation Report (NCOER) for the period April 2003 through October 2003 states he flew in excess of 150 incident- free combat hours in support of Operations Iraqi Freedom (OIF) and Enduring Freedom (OEF).  His orders for the Air Medal for meritorious achievement on
27 March 2003 state he was assigned to a joint task force during OIF.

7.  Army Regulation 600-8-22 (Military Awards) states the 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.  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.  

8.  Army Regulation 600-8-22 further states 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 including:  (1) be engaged 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; or (2), is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.  Only one award of the GWOTEM may be authorized to any individual; therefore, second or subsequent awards will not be awarded. 

9.  Initial award of the GWOTEM was limited to service members deployed abroad in OEF and OIF in designated specific geographic areas of eligibility (AOE) including Afghanistan

10.  Army Regulation 600-8-22 states the 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 (AOE) on or after 11 September 2001 to a future 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 the GWOTSM.  

11.  Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of several other criteria.  Approved designated Iraq campaigns are:

* Liberation of Iraq/19 Mar 2003 - 1 May 2003
* Transition of Iraq/2 May 2003 - 28 Jun 2004 
* Iraq Governance/29 Jun 2004 - 15 Dec 2005 
* National Resolution/16 Dec 2005 - 9 Jan 2007
* Iraqi Surge/10 Jan 2007 - 31 Dec 2008
* Iraqi Sovereignty/1 Jan 2009 - Date to be determined

12.  Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze 


service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of records, it appears the applicant had six separate deployments to Afghanistan.  As a result, he is eligible for the GWOTEM for his initial deployment to Afghanistan.  He is also eligible for award of the Afghanistan Campaign Medal with one bronze service star for his service in Afghanistan during his subsequent deployments.  Therefore, his DD Form 214 should be corrected to show the GWOTEM and the Afghanistan Campaign Medal with one bronze service star.

2.  The applicant served a period of qualifying service for award of the GWOTSM.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record show he served in Iraq from 5 March to 27 April 2003, which entitles him to the Iraq Campaign Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this 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:

* Global War on Terrorism Service Medal
* Global War on Terrorism Expeditionary Medal
* Afghanistan Campaign Medal with one bronze service star
* Iraq Campaign Medal with one bronze service star



      ____________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)                                         AR20090019865



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ABCMR Record of Proceedings (cont)                                         AR20090019865



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