IN THE CASE OF:	 

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090021468 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in support of Operation Iraqi Freedom (OIF) instead of Operation Enduring Freedom (OEF).  She also requests award of the Global War on Terrorism Service Medal (GWOTSM) and the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states her orders indicate she served during OEF instead of OIF even though her unit was deployed to Kuwait.  She states she was a specialist at the time in question and had no idea what she was authorized.  She admits she failed to request documentation because she simply did not know and assumed her unit would take care of her records.

3.  The applicant provides a copy of her DD Form 214 and her deployment orders in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Active Guard Reserve in the rank of staff sergeant.

2.  The applicant enlisted in the U.S. Army Reserve on 22 December 1999.

3.  Headquarters, Fort McCoy, Permanent Orders 59-1, dated 26 February 2003, show the applicant's unit, the 482nd Medical Detachment, was deployed to Kuwait on or about 17 April 2003 in support of OEF.
4.  The applicant was released from active service on 6 August 2003 in the rank of specialist.  She completed 6 months of active duty during this period.  Her DD Form 214 for the period ending 6 August 2003 shows the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Armed Forces Reserve Medal, and the Army Service Ribbon as authorized awards.

5.  Item 18 (Remarks) of her DD Form 214 for the period ending 6 August 2003 shows the entry "SERVICE IN SOUTHWEST ASIA 20030418-20030717."

6.  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 (GWOT) 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 AOE per qualifying operation.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.

7.  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 GWOT operations outside of the designated 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 this award.

8.  OEF is the official name used by the U.S. Government for the War in Afghanistan which began on 7 October 2001, together with three smaller military actions, under the umbrella of the GWOT.  The operation was originally called "Operation Infinite Justice."

9.  The Iraq War, also known as the Occupation of Iraq, The Second Gulf War, OIF, or Operation New Dawn is an ongoing military campaign which began on 20 March 2003 with the invasion of Iraq by a multinational force led by troops from the United States and the United Kingdom.  The invasion marked the beginning of the current Iraq War.  In preparation for the invasion, 100,000 U.S. troops were assembled in Kuwait by 18 February 2003.

10.  Headquarters, Department of the Army (HQDA) Letter 600-04-4, dated 21 September 2004 shows Soldiers who were awarded the Armed Forces Expeditionary Medal for one of the Southwest Asia (SWA) operations (Operation Southern Watch, Maritime Intercept Operation, Operation Northern Watch or Operation Desert Spring) became eligible for the GWOTEM on 11 September 2001.  Soldiers who deployed in support of operations in SWA between 11 September 2001 and 18 March 2003 can elect to receive either the Armed Forces Expeditionary Medal or GWOTEM but they may not be awarded both for the same period.

11.  On 24 March 2010, a member of the Board's staff contacted the applicant to inform her that both the Armed Forces Expeditionary Medal and GWOTEM could not be awarded for the same period of service in Kuwait.  She was advised she would have to elect only one of these awards.  In a 23 March 2010 email, the applicant requested to keep the award of the Armed Forces Expeditionary Medal.  She confirmed she received the Armed Forces Expeditionary Medal for service in Kuwait.

DISCUSSION AND CONCLUSIONS:

1.  The orders which brought the applicant to active duty were issued on 26 February 2003 and indicated she was being ordered to active duty in support of OEF.  The ultimate goal was to deploy the applicant to Southwest Asia; however, OIF had not yet been named as a specific operation at the time the orders were issued.  OIF did not officially commence until 20 March 2003 after the applicant's orders had been issued.  It is reasonable to conclude that officials issuing activation orders in February used the only operational name in existence at that time.

2.  The use of OEF on the applicant's order was not in error at the time they were published and do not now create an error or injustice warranting correction.

3.  The evidence of record shows the applicant was on active duty after 11 September 2001 for more than 30 days; therefore, she is eligible for award of the GWOTSM and correction of her 6 August 2003 DD Form 214 to show this award.

4.  The applicant's DD Form 214 shows she was awarded the Armed Forces Expeditionary Medal for service in Kuwait.  She later became eligible for the GWOTEM for service in Kuwait.  The HQDA Letter 600-04-4, dated 21 September 2004, precludes receipt of both of these awards for the same period of service in Kuwait.  The applicant elected to keep the Armed Forces Expeditionary Medal in lieu of the GWOTEM for her service in Kuwait.



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 amending her 6 August 2003 DD Form 214 to add award of the GWOTSM.

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 showing she served in support of OIF and award of 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)                                         AR20090021468



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ABCMR Record of Proceedings (cont)                                         AR20090021468



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