BOARD DATE:	  25 January 2011 

		DOCKET NUMBER:  AR20100017573 


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 Iraq Campaign Medal (ICM), Global War on Terrorism Expeditionary Medal (GWOTEM), Global War on Terrorism Service Medal (GWOTSM), Armed Forces Service Medal (AFSM), and the Humanitarian Service Medal (HSM).

2.  The applicant states that he served in support of Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) and recently learned he was entitled to these service medals.

3.  The applicant provides a copy of his DD Form 214.

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 8 years on 30 April 2001.  He was discharged from the USAR DEP on 25 July 2001 and he enlisted in the Regular Army on    26 July 2001 for a period of 2 years.  Upon completion of training he was awarded military occupational specialty 14T (Patriot Missile Crewmember).

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. 

4.  The applicant’s DD Form 214 shows he was honorably released from active duty on 26 September 2003 based on completion of required service and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 2 years, 2 months, and 1 day of net active service this period.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, and the Army Service Ribbon.

   b.  Item 18 shows he served in Southwest Asia from 8 February to 8 May 2003.  It also shows he was retained in service 63 days for the convenience of the Government.

5.  There is no evidence in the applicant’s military personnel records that shows he was awarded the ICM, GWOTEM, GWOTSM, AFSM, or the HSM.

6.  During the processing of this case the General Processing Branch, Defense Finance and Accounting Service (DFAS), Cleveland, OH, was asked to verify information relevant to the applicant’s receipt of hostile fire/imminent danger pay (HF/IDP).  DFAS confirmed that the applicant received HF/IDP for service in Jordan from 11 February through 4 May 2003.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.
		(1)  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or
60 nonconsecutive days provided this support involved entering the area of operations.

		(2)  Table 2-4 (Armed Forces Expeditionary Medal - Designated U.S. Military Operations for Assistance to a Friendly Foreign Nation) shows the AFEM was authorized for Southwest Asia operations, as follows:

* Operation Southern Watch (1 December 1995 to 18 March 2003)
* Maritime Intercept Operation (1 December 1995 to 18 March 2003)
* Vigilant Sentinel (1 December 1995 to 15 February 1997)
* Operation Northern Watch (1 January 1997 to 18 March 2003)
* Operation Desert Thunder (11 November to 22 December 1998)
* Operation Desert Fox (16 to 22 December 1998)
* Operation Desert Spring (31 December 1998 to 18 March 2003)

	b.  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 in operations approved by the Secretary of Defense.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM. 

		(1)  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.

		(2)  Initial award of the GWOTEM was limited to service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom in the following designated specific geographic AOE:  Afghanistan, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti, Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordan [emphasis added], Kazakhstan, Kenya, Kosovo (only specific GWOT operations not associated with operations qualifying for the Kosovo Campaign Medal), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger, Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia, Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, 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 and boarding and searching vessel operations, Persian Gulf, Red Sea, Strait of Hormuz, and Suez Canal.  The implementing message was later corrected to add Colombia and Guantanamo Bay to the AOE.

	c.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOEs designated for award of the GWOTEM, Afghanistan Campaign Medal, or ICM.  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.

   d.  The Afghanistan Campaign Medal (ACM) is authorized for award to members of the Armed Forces of the United States who have served in direct support of OEF.  The AOE encompasses all land area of the country of Afghanistan and all air spaces above the land area.

		(1)  The ACM period of eligibility is on or after 24 October 2001 to a date to be determined by the Secretary of Defense or the cessation of OEF.

		(2)  Only one award of the ACM may be authorized for any individual.  No service member will be entitled to both the ACM and GWOTEM for the same act, achievement, or period of service.

   e.  The ICM is authorized for award to members of the Armed Forces of the United States who have served in direct support of OIF.  The AOE encompasses all land area of the country of Iraq and 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.
   
		(1)  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.

		(2)  Only one award of the ICM may be authorized for any individual.  No service member will be entitled to both the ICM and GWOTEM for the same act, achievement, or period of service.

	f.  The AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:
* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate for one or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for:

* 30 consecutive days in the AOE (or for the full period when an operation is of less than 30 days’ duration) 
* 60 nonconsecutive days provided this support involves entering the area of eligibility  

	g.  The HSM is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense or Department of the Army approved significant military act or operation of a humanitarian nature.

		(1)  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

		(2)  Table C-1 (Department of Defense and Department of the Army Approved Humanitarian Service Medal Operations) does not show any operations in Southwest Asia during the period of service under review.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2, paragraph 2-4 (Completing the DD Form 214), contains
item-by-item instructions for completing the DD Form 214.  Item 13 states list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the ICM, GWOTEM, GWOTSM, AFSM, and the HSM because he served in support of OEF and OIF.


2.  The evidence of record shows the applicant served in Southwest Asia (Jordan) from 8 February to 8 May 2003 and he was awarded the AFEM.
The evidence of record also shows the AFEM was authorized for qualifying service in Southwest Asia operations.  Thus, in the absence of evidence to the contrary, it is concluded that the applicant’s service in Southwest Asia was in support of Southwest Asia operations through 18 March 2003.

3.  Records show the applicant qualified for award of the GWOTEM for his service in support of the Global War on Terrorism in the AOE (i.e., Jordan) from 19 March to 8 May 2003.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

4.  Records show the applicant qualified for award of the GWOTSM for his service in support of the Global War on Terrorism outside the AOE qualifying for the GWOTEM (i.e., from 11 September 2001 to 7 February 2003).  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

5.  The evidence of record shows the applicant qualified for the AFEM and GWOTEM for his service in Southwest Asia operations.  The governing Army regulation also shows the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved.  Therefore, in view of the foregoing, the applicant is not entitled to the AFSM.

6.  There is no evidence of record that shows the applicant distinguished himself by meritorious direct participation in a Department of Defense or Department of the Army approved significant military act or operation of a humanitarian nature. Therefore, the applicant is not entitled to the HSM.

7.  There is no evidence of record the applicant served in Iraq.  Thus, he is not entitled to the ICM.  In addition, there is no evidence of record that the applicant served in Afghanistan.  Thus, he is not entitled to the ACM.

8.  Records show the applicant qualified as a marksman with the M-16 rifle and as a sharpshooter with the grenade.  Therefore, his DD Form 214 should be corrected to show these qualification badges. 


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 adding to item 13 of his DD Form 214 the:

* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

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 adding to his DD Form 214 the Iraq Campaign Medal, Armed Forces Service Medal, and the Humanitarian 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)                                         AR20100017573



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ABCMR Record of Proceedings (cont)                                         AR20100017573



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