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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100025935
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017573
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. 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. The governing Army regulation also shows the AFSM may be awarded...
ARMY | BCMR | CY2011 | 20110013012
The applicant provided three DA Forms 638, dated 18 May 2011, submitted by a civilian transportation broker for award of the: * DFC for valor during the period 12-17 January 1991 * AM with "V" Device during the period 18 January 1991 to 2 February 1991 * AM (2nd Award) during the period 8-12 October 1991 7. Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990. b. the DFC is awarded to any person...
ARMY | BCMR | CY2009 | 20090013818
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that the applicant served in Camp Doha, Kuwait, from 21 October 2002 to 1 July 2003 which is a qualifying period of service for 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.
ARMY | BCMR | CY1995 | 9511245C070209
APPLICANT REQUESTS: That his DD Form 214, Release from Active Duty, be corrected to reflect that he was awarded the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal (KLM), the Armed Forces Expeditionary Medal (AFEM), and the Humanitarian Service Medal (HSM). EVIDENCE OF RECORD: The applicant's military records show: He was ordered to active duty from the USAR in support of Operation Desert Shield/Storm and served in Southwest Asia from 6 January 1991 to 26 April 1991. The...
ARMY | BCMR | CY2014 | 20140007253
The applicant provides: * DD Forms 214, for the periods ending 2 June 1991 and 2 February 2004 * DD Form 215 (Correction to DD Form 214), for the period ending 2 February 2004 * a 79th Military Police (MP) Company (Combat Support) information document * a memorandum from the U.S. Army Human Resources Command (HRC) to the Commander, Coalition Forces Land Component Command, U.S. Army Forces Central Command, dated 11 June 2003, subject: MUC * a MUC Certificate CONSIDERATION OF EVIDENCE: 1. ...
ARMY | BCMR | CY2009 | 20090010638
Application for correction of military records (with supporting documents provided, if any). The applicant states that the medals for the ARCOM, GWOTEM, Hurricane Ike, and Hurricane Katrina are not listed on his DD Form 214. Therefore, his records should be corrected to show this award.
ARMY | BCMR | CY2009 | 20090018065
Application for correction of military records (with supporting documents provided, if any). The applicant states his unit did not record the awards on his DD Form 214. Although he received IDP/HFP from 27 September 1990 to 21 June 1991, his TCS/TDY orders that show his service from on or about 25 September 1990 to 17 April 1991 are consistent with the dates shown on the Gulf War roster which shows his service as 1 October 1990 to 15 April 1991.
ARMY | BCMR | CY2012 | 20120001733
Application for correction of military records (with supporting documents provided, if any). During the processing of this case, an ABCMR staff member contacted the applicant to determine if she desired to have her DD Form 214 corrected to show her authorized awards related to her service in support of Operation Iraqi Freedom (OIF), and if she had a preference regarding award of the Global War on Terrorism Expeditionary Medal (GWOTEM) or the Iraq Campaign Medal (ICM). Records show the...
ARMY | BCMR | CY2008 | 20080001946
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment to Saudi Arabia, foreign service for 8 months and 28 days, award of the Global War on Terrorism Expeditionary Medal (GWOTEM), and the addition of his service in Saudi Arabia in the Remarks section. The applicant states he deployed to Saudi Arabia and he was not credited with the service or awards at the time of his separation from the military. As a result,...
ARMY | BCMR | CY2004 | 2004105990C070208
The applicant states, in effect, that she served overseas in support of Operation Enduring Freedom; however, this service was not recorded in her record or separation document and she received no service awards for this period of service. These medals will be awarded to recognize all members of the Armed Forces of the United States serving in or in support of Global War on Terrorism Operations on or after 11 September 2001. The evidence of record confirms the applicant was deployed to...