IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110010626 


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 to be awarded the:

* Combat Action Badge (CAB)
* Air Medal (AM)
* Afghanistan Campaign Medal
* two devices

2.  He states he earned these awards while serving as airport security in Uzbekistan and Pakistan from October 2001 through March 2003.  His request pertaining to two devices is unclear as to which award or service medal is linked to these devices.

3.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 May 2002
* DD Form 214 for the period ending 19 April 2003

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.  His records show that while serving in military occupational specialty 95B (Military Police) with the Massachusetts Army National Guard (MAARNG), he was mobilized in support of Consequence Management/Airport Security from 2 October 2001 through 23 May 2002.

3.  The applicant's DD Form 214 for this period does not show he was awarded the CAB, AM, or Afghanistan Campaign Medal.

4.  A second DD Form 214 shows he was ordered to active duty in support of Operation Enduring Freedom (OEF) during the period 17 June 2002 through 19 April 2003.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was not awarded the CAB, AM, or Afghanistan Campaign Medal during this period.

	b.  Item 12f (Foreign Service) contains the entry "000  00  00."

	c.  Item 18 (Remarks) depicts his service in "UZBEKISTAN FROM 20020813-20020905" and in "PAKISTAN FROM 20020906-20030316."

5.  A review of his records does not show he was recommended for or awarded the AM or CAB; however, it does show he is entitled to an additional award which is not shown in his records.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.

	a.  The Afghanistan Campaign Medal is awarded to members who 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.  

	b.  The Global War on Terrorism Expeditionary Medal (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. 

	c.  The Global War on Terrorism Service Medal (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 areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  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.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

	d.  The AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  The CAB is not intended for award to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.

7.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the total amount of foreign service completed during his or her continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 19 April 2003 shows he served in Uzbekistan and Pakistan for a total of 7 months and 3 days.  As a result, he is entitled to have this foreign service added to item 12f of his DD Form 214.

2.  Based on his qualifying service in support of OEF, he is entitled to the GWOTEM and to have this award added to his DD Form 214.

3.  His period of active duty from 2 October 2001 to 23 May 2002 entitles him to the GWOTSM and to have this award added to his DD Form 214.

4.  His service in Uzbekistan and Pakistan is outside of the area of eligibility for award of the Afghanistan Campaign Medal.  As a result, he is not entitled to this award.

5.  The applicant's record is absent of evidence and he has not provided sufficient evidence to show he was recommended for or awarded the AM or CAB.  As such, there is insufficient evidence to support this portion of his request.

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 amending his DD Form 214 for the period ending 19 April 2003 by:

	a.  deleting the entry "0000  00  00" from item 12f and replacing it with "0000  07  03" and

	b.  adding the GWOTEM and GWOTSM to item 13.

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 awarding the Afghanistan Campaign Medal, AM, or CAB.




      ____________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)                                         AR20110010626



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010626



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1