IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100025506 


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 award of the Global War on Terrorism Service Medal (GWOTSM) or the Global War on Terrorism Expeditionary Medal (GWOTEM).

2.  The applicant states he served on active duty during the beginning of Operation Iraqi Freedom and Operation Enduring Freedom.

3.  The applicant provides no additional documentation.

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 Puerto Rico Army National Guard (PRARNG) on 13 January 1979.  He completed training an infantryman.  He remained a member of the PRARNG through continuous reenlistments and extensions.
3.  Army National Guard Orders 020-112 were published on 1 February 2003, ordering the applicant to active duty with his unit, effective 3 February 2003.

4.  Headquarters, United States Army Fort Dix Permanent Order 060-004 were published on 1 March 2003 deploying the unit to which the applicant was assigned to Vicenza, Italy, in support of Operation Enduring Freedom.

5.  The applicant was released from active duty on 19 October 2003.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he received does not show the Global War on Terrorism Service Medal or the Global War on Terrorism Expeditionary Medal as authorized awards.

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 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 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:

	a)  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 

	b)  is killed, wounded, or injured requiring medical evacuation from the AOE while participating in the designated operation, regardless of time.

8.  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, 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.

9.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  The applicant does not meet the criteria contained in the applicable regulation for award of the GWOTEM.  Therefore, this portion of his request should be denied.

3.  However, his records show that he was ordered to active duty effective 3 February 2003 and the unit to which he was assigned deployed to Vicenza, Italy, in support of Operation Enduring Freedom.  He should be awarded the GWOTSM.

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 awarding him the Global War on Terrorism Service Medal and amending his DD Form 214 to add this award. 

2.  The Board further determined that the evidence presented was 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 awarding him the Global War on Terrorism Expeditionary 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)                                         AR20100025506



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ABCMR Record of Proceedings (cont)                                         AR20100025506



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