IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028594 


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), Global War on Terrorism Expeditionary Medal (GWOTEM), and/or Afghanistan Campaign Medal and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  He states the GWOTSM and GWOTEM were not issued until March 2003 and the Afghanistan Campaign Medal was not issued until 2005.  He served in Afghanistan in 2002, prior to the medals being issued.  The medals are not listed on his DD Form 214.  In separate correspondence, he elected award of the Afghanistan Campaign Medal in lieu of the GWOTEM.

3.  He 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's military records show he enlisted in the U.S. Army Reserve in pay grade E-1 on 16 September 1988.  He served in military occupational specialty 91W (Health Care Specialist).

3.  He was ordered to and entered on active duty on 14 May 2002 in support of Operation Enduring Freedom (OEF).  He was honorably released from active duty on 17 December 2002, at the completion of his required active service, and he was transferred to a Reserve unit.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following: 

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (2nd Award)
* Army Reserve Components Achievement Medal (5th Award)
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with two bronze service stars
* Armed Forces Reserve Medal with bronze hourglass and with "M" Device
* Army Reserve Components Overseas Training Ribbon
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

5.  Item 18 (Remarks) of his DD Form 214 shows he served in Afghanistan from 24 June to 10 December 2002.

6.  Army Regulation 600-8-22 (Military Awards) 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 areas of eligibility, on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days.

7.  Army Regulation 600-8-22 also states service members are qualified for award of the GWOTEM who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined. 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 area of eligibility.  
8.  Army Regulation 600-8-22 further states the Afghanistan Campaign Medal is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

9.  Army Regulation 600-8-22 also states service members qualified for the GWOTEM by reason of service between 24 October 2001 and 28 February 2005, in an area for which the Afghanistan Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Afghanistan Campaign Medal in lieu of the GWOTEM for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant participated in support of OEF and the Global War on Terrorism and served in Afghanistan from 24 June to 10 December 2002.  He also requested award of the Afghanistan Campaign Medal in lieu of the GWOTEM.  He is therefore entitled to award of the GWOTSM and Afghanistan Campaign Medal with one bronze service star and to have these awards added to his DD Form 214.

2.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

___X____  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 the applicant's 2002 DD Form 214 the Global War on Terrorism Service Medal and Afghanistan Campaign Medal with one bronze service star and providing him a document showing these changes.



      _______ _   __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)                                         AR20100028594





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ABCMR Record of Proceedings (cont)                                         AR20100028594



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