IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100025935


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 Global War on Terrorism Expeditionary Medal (GWOTEM), Humanitarian Service Medal (HSM), and Senior Aviation Badge.

2.  The applicant states these awards and badges were omitted from his DD Form 214.

3.  The applicant provides:

* DD Form 214 for the period 7 February 2003-3 October 2003
* memorandum, 371st Chemical Company, dated 10 September 2003
* Permanent Order 008-1, 1108th Aviation Classification Repair Activity Depot, Gulfport, MS, dated 8 January 2008

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 is a Reserve Component Soldier with prior service.  On 7 February 2003, he was ordered to active duty in support of contingency operations.  He was deployed from 14 April 2003 to 2 September 2003 in Kuwait/Iraq.  He was released from active duty on 3 October 2003.  His DD Form 214 does not show the GWOTEM, HSM, or the Senior Aviation Badge in block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).

3.  A memorandum from the Commander, 371st Chemical Company, Greenwood, SC, dated 10 September 2003, provides that all deployed unit personnel were authorized to wear the GWOTEM, HSM, National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and SWA [thought to be the Southwest Asia Service Medal (SWASM)].

4.  Permanent Order 008-1, dated 8 January 2008, awarded the applicant the Senior Aviation Badge effective 8 November 2008.

5.  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 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.

6.  Army Regulation 600-8-22 states the HSM is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  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 AOE and within specified time limits, and must provide evidence that substantiates direct participation.  Table 
C-1 of Army Regulation 600-8-22 lists operations approved by the Department of Defense as qualifying for award of the HSM.  In 2003, only operations in the African nation of Liberia were authorized the HSM.

7.  Army Regulation 600-8-22 states the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/
Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the GWOTEM, HSM, and Senior Aviation Badge be added to his DD Form 214 with an effective date of 3 October 2003.

2.  The applicant served in Kuwait/Iraq in support of Operation Iraqi Freedom.  He is entitled to award of the GWOTEM and it should be added to his DD Form 214.

3.  The applicant was deployed to Kuwait/Iraq in 2003.  Army Regulation 600-8-22 does not list service in this area as qualifying for award of the HSM.  Unless the applicant can show another AOE where the HSM was authorized, he is not entitled to this award.

4.  The applicant was awarded the Senior Aviation Badge effective 8 November 2008.  This was several years after the effective date of his DD Form 214.  He is not authorized the addition of the Senior Aviation Badge to this DD Form 214.

5.  The applicant did not request the SWASM; however, it was listed in the memorandum from the Commander, 371st Chemical Company, as an authorized award for those Soldiers, including the applicant, who deployed.  The SWASM was only authorized for Soldiers participating in Operations Desert Shield/
Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  The applicant would not have been entitled to this award for his 2003 deployment.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the GWOTEM to his DD Form 214.

2.  The Board further determined 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 the HSM and Senior Aviation Badge.



      ____________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)                                         AR20100025935



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ABCMR Record of Proceedings (cont)                                         AR20100025935



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